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�0�20940� agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Se,cnrity Instrument whether or not the sums aze then due. If the Froperiy is abandon� by Borrower, or if, after notice by Lender W Borrower that the Opposing Party (as d�fined in tha next sentence) offers to make an award to settle a claim for damagea, Horrower faits tn respond to L,endez within 30 days after the date the notice is given, Lender is authorized to coll�t and apply the Miscellaneous Proceeds aither to restoratipn or repair of the Property or to the sums secured by this Security Instaument, whether or not then due. "OPPosing Part�'° means the third garty that owes Borrower Miscellaneous Proceeds or tiie P�Y against whom Borrower has a rIght of action in regazd ta Miscellaneous Pro�eeds. Bornower shall be in default if any action or proce�ing, whether civil or criu�inai, is begun that, iva, Lender's judgment� could result in forfaitiu� of the Property or other material impairment of Lender's interest ia the Properiy or rights nnder this Security Instrument. Bontower can cure such a default and, if acceleration has occw�red, reinstate ss provided in Sec�ion 19, by causing the action or proceedin� W be dismissed with a ruIing that, in Lender's judgment� pr�ludes forfeiture of the Properiy or other mat�rial impairment of Lender's intem.st in the Progerty or rlghts under this Security Insuurnen� x'he proceeds of any award or claim for damages that are attnbutable to the impairment of I.ender's interest in the T'ropezty are hereby assigned and s�alI k�e paid to I ender. A11 Miscellaneons Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Sec�tion 2. 12. Borrower Not Release8; Torbear�nce By Lender Not a Waiver. Extansion of the tima for payment or modif'lcation of amortization of the sums secured by this Security lnstrument graaEed by Lender to Borrower or aay Sucr�sor in Lu�t of Botrower shall not operate to release the liability of Borrower ar any Successors in Interest of Borrower. I.ender shall not be required tn cammence proceedings against any Successor in Interest of Borroraer or to refuse to extend time for payment or o�era+ise modify amortization of the sums secured by this Securiry lmswment by reason of any demand made by the original Borrower or any Successots in Interest of Borrower. Any forbearance by Lender in exetcising any right or remedy inaluding, withaut Iimitation, Lender's accept�nce of payments from third persons, enti�ies 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. dofmt aad Several Lisbility; Co-signera; Successors and Assigas Bomnd. Borrowez covenaats and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrvwer who co-signs this Security Instrument bnt does not ex� the Note (a °co-signar"): (a) is co-signing t1�is Security Instrument only to mortgage, grant and canvey the arsigner's interest in the Propetty under the terms of this Security Instrument; (b) is not personally obligated t� pay the sums sec�ued by this Sec�rrity Instniment; and (c) a$rees that Lender and any other Borrower can agree to extend, mod'rfy� forbear or make any acc:ommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject w the provisions of Section 18, any Successor in Interest of Borrowez wha assuraes Borrower's obligations under this Security Instiument in writing, and is approved by Lender, shaIl obtain alI of Borrower's rights and benefits under this Security Instcumen� Honrower shalt not be released from Borrower's obligatians aad liability under this 5ecurity Inatrument unieas Lender agrees ta such release in writing. The covenants and agreements of tl�is Security Lasaument sha1I birtd (except as provided in Seetion 2Q} and benefit the successors and assigns of Lender. 14. Loan Charges. Lander may charge Borrower fees for services performed 'va co�mection with Borrower's default, for the purpose of prot�ting I.ander's interest in the Property and rights under this Security Instrument, including, but not l.imited to, attorneys' fees, property iu�specdon ar�d valuation fees. In regard to any other fces, the absence of sxpress authority in this Se�urity Inst�rrument to charge a s�ciffc fee t+� Borrower shall not be cpnstrued as a prohibition on the chazging of such fee. Lentier may not c�zarge fe�s that are expressly prohibited by this Security Instrument or by Applzcable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finatly interpreted so that the interest or other loan chargas collecte� or to be collected in connecflon with the Loan exc�ed tha permitted limits, Yhen: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) anY sutns already co�lected fronn Borrower which exceeded pernutted limits wi11 be refi�nded to Honower. Lender may choose W make this refund by reducing the principal owed under the Note or by making a d'uect payment to Borrower. If a refund reduces ptincipal, the reducdon will be treated as a partial prepayment witt►out any NfBRASKA—Single Famlly—Fannle Mae/Fteddie Mac UNIFORM IN5TRUMENT DocMeglc� Fqrm 3028 1/01 Page 9 of 14 www.dxmagk.com �D Ne3028.dot.�1