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2 Q 1 20�5�f �OA1� #: 0038347852 amount of the sums secured immediately before the partial taking, destruction, or loss in value, unle.ss Borrower and Lender otherwise agree in writlng, the Miscellaneous Proceecis shall be applied to the sums secured by this Security Insirument whether or not the sums are then due. Ifthe Property is abandoned by BoROwer, or if, after notice by Lender to Borrowtertratthe Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lenderwithin 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds e'tther to restoration or repair of the Properly or to the sums secured by this Security Instrument, whether or not then due. °Opposfng 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 shall be in default ff any action or proceeding, whether civil or criminal, is begun that, In Lender's Judgment, could result in forFeiivre of the Property or other material impairment of Lender's interest in the Property or rights under this Secu�ity Instrument Borrawer can cure such a default and, 'rf acceleration has occurred, reinstafie as provided in Section 19, by causing the action or proceeding to be dismissed wtth a ruling that, in Lender's judgment, precludes forFeiture of the Property or other material impairment of Lender's interest in the Praperty or rights under this Securiiy Instrument The proceeds of any award or clafm for damages that are attributable to the impairment of Lender's interest in the Properiy are hereby assigned and shall be paid to Lender. All Miacellaneous Proceeds that are not appliec[ to restorafion or repair of the Property shall be applied in the order provideci for in Section 2. 12. Borrower Not Releaseai; Forbeer�ance By Lender Not a Welver. Extension of the time for payment or modification of amortization of tiie sums secured by this Security Instrument granted by L.ender to Borrower or any Successor in Interest of Borrawer shall not operate to release the liability of Borrower or any Successors in Interest af Borrower. Lender shall not be required to commence proceedings against any Succe.ssor in Interest of Borrower or to refuse to extend tlme for payment or otherwise modiTy amortlzation ofthe sums secured bythis Security Instrumentby reason of arry demand made by the ariglnal Borrower or any Suxessors in Interest of Borrower. Anyforbearance by Lender (n exercising any right or remedy inc{uding, without limitation, Lender's acaeptance of payments fram third persons, entf�es or Successors in Interest crf Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude ihe exercise af any right ar remedy. 13. JalrrtandSeveralLiabllity;Co�Ignera;SuccessorsandAssignsBound.BoROwrercovenants and sgrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument 6ut does not execute the Note (a °co-signer': (a) is co-signing this Security Instrument only to mortgage, grant and convey the casfgner's interest in the Property under the terms of this Security Instrument; (b) is not persanally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to e�end, modify, forbear or make any accommodations wi� regard to the terms of this Securiiy Instrument or the Riote wfthout the co-signer's consent Subject to the provlsions of Section 18, any Successor in Interest of Borrower wha assumes Borrower's abligations underthis Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefib under this Security Instrument. Borrower shall not be released fram Borrower's obligations and liability underthis Security Instrument unless Lenderagrees to such release in writing. The covenants and agreements of this Security Instntment shall bind (except as provided in 5ection 20) and benefit the successors and assigns of Lender. 14. Loan Ch�rgea Lender may charge Borrower fees for senrices pertormed in connection with Borrower's default, for the pur�oase of protecting Lender's interest in the Property and righb under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a speciflc fse to Borrower shall not be corrstrued as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited 6y this Security Instrument ar by Applicable L.aw. If the Loan is subject to a law which sets maximum loan charges, and that lawr is finany infierpreted so that the interest or other loan charge.a collected or to be collected in connection with the Loan exceed the perm'itted Iimits, then: (a) any such I�n charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collecteti fram Borrowerwhich exceeded permitted limits wip be refunded to Borrower. Lender may choose to make this refund by r�lucing tiie pr€ncipal awed under the Note or by making a direct paymerrt to Borrower. If a refund reduces principal, the reductian wrill be treated as a partial prepaymer�t without any prepayment charge (whether or not a prepayment charge ls provided for under the Plote). Barrower's accepiance of any such refund made by direct payment to Borrowerwill constitute a waiv� of any right af action Barrawer might have arising out af such overcharge. 16. Notices. A{I notices given by Borrawer or Lender in connection virith this Securily Instrument must be in writing. Any notice to Borrorover in conn��ian withh this Security instrument shali be deemed to have been g(ven ta Borrower when mailed by first alass mail or when actually delivered to Borrawrer's notice address if sent by other means. (daUce to any one Borrower shall cansfitute notice to ali Borrowers unless Appl'icable Law expressly reyuir� otherwise. The notice address shall be the Properly Address unless Borrower has designated a subsUhrte notice address by notice to Lender. Borrawer shall pr � 3# � ' r Iaitials: NEBRASKA--singte Fsmpy-Fannle Mae/Freddle Mec UNIFORM INSTRUMEfdT Form 3oa81/o1 Onllne Documenta, Inc. P�g@ 8 Of 11 NEEDEED 11os ��., •`�'{ �� � �� j � �J �