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� .: - 201503436 <br /> within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds <br /> either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. <br /> "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower <br /> has a right of action in regard to Miscellaneous Proceeds. - <br /> Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br /> judgment,could result in forfeiture of the Properiy or other material impairment of Lender's interest in the Property or <br /> rights under this Securitg�Instrument.Borrower can cure such a default and, if acceleration has occurred,reinstate as <br /> provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that,in Lender's judgment, <br /> precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this <br /> Security Instrument.The proceeds of any award or claim for damages that are attributable to the impairment ofLender's <br /> interest in the Property are hereby assigned and shall be paid to Lender. <br /> - All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order <br /> provided for in Section'L. <br /> 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension o�the time for payment or <br /> modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any <br /> Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of <br /> Borrower.Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to <br /> refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by <br /> reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any forbearance by <br /> Lender in exercising any right or remedy including,without limitation,Lender's acceptance of payments from third <br /> persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver <br /> of or preclude the exercise of any right or remedy. <br /> 13.Joint and Several Liability;Co-signers;Successors and Assigns Bound.Borrowe'r covenants and agrees that <br /> Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security <br /> Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument only to mortgage, <br /> grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally <br /> obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower can <br /> agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the <br /> Note without the co-signer's consent. <br /> Subject to the provisions of Section 18,any Successor in Interest ofBorrower who assumes Borrower's obligations • <br /> under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits <br /> under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this <br /> Security Instrument unless Lender agrees to such release in writing.The covenants and agreements of this Security <br /> Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. <br /> 14.Loan Charges.3,ender may charge Borrower fees for services perFormed in connection with Borrower's default, <br /> for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but <br /> not limited to,attorneys'fees,property inspection and valuation fees.In regard to any other fees,the absence of express <br /> authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the <br /> charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by <br /> Applicable Law. <br /> If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the <br /> interest or other loan charges collected or to be collected in connection with the Loan exceed-the permitt'ed limits,then: <br /> (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any <br /> sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may <br /> choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.If <br /> a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether <br /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3028 1/01 <br /> Page 9 of 13 <br /> ios,i��. Borrower(s)Initials ��— <br />