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201207529 agree in writing, the Miscellaneous Proceeds shail be applied to the sums se,cured by this Security Instivment whether or not the sums aze then due. If the Properly is abandoned by Borrower, or if, after notice by Lender to Bonower that the Opposing Party (as defined in the next sentence) offers to make an awazd to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proc.eeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower sha11 be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Bonower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The procceds of any awazd or claim for damages that aze attributable to the impairment of Lender's interest in the Property aze hereby assigned and sha11 be paid to Lender. All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instnunent granted by Lender to Borrower or any Successor in Interest of Bonower sha11 not operate to release the liability of Borrower or any Successors in Interest of Bonower. Lender sha11 not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Bonower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the temis of this Security Instrument or the Note without the co-signer's consent. Subje,ct to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this S�urity Instnunent. Bonower shall not be released from Bonower's obligations and liability under this Security Instnunent unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charge.s. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Secutity Instnunent, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regazd to any other fees, the absence of express authority in this Security Instrument to chazge a specific fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not chazge fees that are expressly prohibited by this S�urity Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan chazges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMaglc� Form 3028 1/01 Page 9 of 14 www,docmaglc.com Ne3026.dot.�1