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� 201208574 If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Par[y (as defined in the neac[ sentence) offers to make an awazd to settle a claim for damages, Bottower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds 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 Bomower Miscellaneous Proceeds or the par[y against whom Boaower has a right of action in regard to Miscellaneous Proceeds. Borrower shall 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 [nstrument. Borrower 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 Roperty or other material impairment of Lender's interest in the Property or rights under this Security Insdvment. The proceeds of any award or claim for damages that are attsibutable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are 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 Waivec Extension of the time for payment or modification of amorti7ation of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in [nterest of Borrower shall not operate to release the IiabiliTy of Borrower or any Successors in Interest of Borcower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or othenvise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without Iimitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower 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-si�ers; Successors and Assigns Bouod. Borrower covenants and agrees that Bomower's obligations and liabiliry shall be joint and several. However, any Borrower who co- signs this Security Instrument but does no[ execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to modgage, 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 eatend,modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in [nterest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Inslrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument 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 Charges. Lender may charge Borrower fees for services performed in connec[ion with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Sewrity Instrwnent, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borsower shall not be wnstrued as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpre[ed so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted NEBRASKA-Single Famity-Fauoie Mae/Freddic Mac UNIFORM INSTRUMENT WITH MERS Form 3028 I/Ol Page 10 of 16 Initials: {�1r