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�0120921� agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Se�urity Instivment whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by T.ender to Bonower that the Opposing Party (as defined in the next senteuce) offers to make an award to settle a claim for damages, Borrower fails to respond to I�ender within 30 days after the date the notice is given, Lender is authorizeii to collect and apply the Miscellaneous Froceeds either to restoration or zepair of the Property or to the sums secur� by this Se�curity Instrument, whether or not then due. "Opposing Pazty° means the third party that owes Borrower Miscellaneous Proceeds ar the party against whom Bonower has a ri�ht of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proc�eeding, whether eivil or criminal, is begun that, in L,ender's judgment, could result in forfeitiue of the Property or other znateriat impairment of Lender's interest in the Property ox rights under this S�urity Instrument. Bozrower can cure such a default and, if acceleration has oc�urred, reinstate as provided in Section i9, bq causing the action or prviceeding to be dismissed with a ruling that, in Lender's ,yudgment, precludes farfeiture of the Property or other material impairment of Lender's interest in the Properly or rlghts uader this S�urity Instrument. The pmcc�ls of any award or claim for damages that are aitributaUle to the impairment of I.�nder's interest in the Property aze hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that aze not applied to restoration or repair of the Praperty shail be applied in tb.e order provided for in Se.ction 2. 12. Borrowex Not Releaseti; Forhearance By Lender �Tot a Waiver. Lxtension of the time for paytttent ar modifica.tion of amortization of the swns secured bp this 5ecuriry Instrument grant� by Lender to Borrower or any Successor in Interest af Borrower shall not operate to rele�e the liability of Bozrower or any Successors in Tntezest of Bonower. I.ender shall not be r�uir� to cammence proceedings against any Sticcessor in Interest of Borrower or w refuse to extend time for payment or otherwise modify amoriization of the sums securai by this Security Instru�ment by re�son of any deinand made by the original Bonrower 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 af Borrower ar in a�ounts less than the amount then due, ehall not be a waiver of or preclude the exercise of any ri,ght or remedy. 13. Joint and SeveraI Liability; Co signers; Succes.4ors �nd Assigns Baund. Barrower covenants and agx�s that Borrower's obligations and liabiliry 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 Instnunent only W inortgage, grant and convey the co-signer's interest in the Properly under the terms of this Security Instrument; (b} is not personally obligated to pay the sums secured by this Security Inshvment; and (c) agrees that Lencler and any other Borrower can agree to extend, modify, forbear or make auy accommodations with regard to the tcrms of this Security Instiument or the Note without ti�e co-signer's consent. S`ubject to the provisions of Section �8, any Successor in Interest of Bonower who assumes Borrower's obligations under this S�urity Instrument in writing, and is approved by Lender, shall obtain all of Borrower`s rights and benefits under this Security Instivment. Borrower shall not be released from Bonower's obligations and liabiliry under this Security Instniment unless Lender agrees to such release in writing. The covenants and agreements of this Secunity Instnunent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan ChargPS. Lender may charge Bflrrower fees for services performed in connection with Borrawer's default, for the purpose af protectin� Lender's interest in the Prap�rty and rights under this Security Iasttument, including, but not liunited w, attorneys' feES, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instr�ment to charge a sp�ific fee to Borrower shall not be cvnstrued as a prahibition on the charging of such fee. L,ender may not charge fees that are expressly prohibited by this SECUrity Instnunent or by Applicabls L,aw, If the Loan is subject to a law which seis ma�cimum loan charges, an.d that law is finally interpreted so that the interest or other loan charges colle�ted or to be collected in connection with the Loan exce,ed the pern�itted 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 Borrower which exceeded permitted limita wiIl be refunded to �orrower. Lender may choose to make thfs refund by reducing the principal owed under the Note or by making a direct payment to Borrawer. If a refimd reduces principal, the redncdon will t1e treated as a parrial prepayment withotrt any N�BRASKA--Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �� Form 3028 1/Q1 Page $ of 14 www.dacmagic.com Ne3028.dot.aml