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2� 1 ��5722 amount of the sums secured�mmediately before the partial taking,destruction,or lass in�alue, unless Borrower and Lender otherwise agree in writing,the Mis�el�aneous Praceeds shall be applied to the sums�ecured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Ler►der to Borrower that the�pposing Party�as def ned in the next senten�e}ofFers to make an award to settle a��aim for damages,Borrower faiis to respond to Lender within 3�d.ays after the date the notice is given, Lender is autharized to collect and app�y the Misce�lar�eaus Proceeds either to restoration or repair of the Properly or to the sums secured by this Security�nstrument,vWhether ar not then due. "�ppos�ng Party" means the third party that awes Barrawer Miscel�aneous Proceeds or th�par�y against whom Borrower has a right of act�on in regard to Miscellanevus Proceeds. Borrower shall b� in defaui�if any act�on ox proceeding,whether ci�i�or criminal, is begun that, in Lend�r's j udgment,couid resuit�n forfeiture of the ProperLy or o�h�r material impa�rment af Lender's interest in the Proper�y or rights under this Securit��In�trum�nt. �orrvwer ca,n cure such a default and, if acce�eration has��curred,reinstate as pro�ided in Section l9,by causing the action or proceeding to be di sm issed w�th a rui�ng that, in Lender's j udgment,precludes forfe iture of the Property or other material impairment of Lender's interest in the Property�r rights under this Security Instrument. The praceeds af any award or c�aim for damages that are attributa.b�e ta the impairment of Lender's interest in the Property are hereby assigned and shall be pa�d to Lender. All Miscel�aneous Proceeds that are nat applied to restaration�r repair of the Property shall be appiied in the order pro�ided for in Section 2. �!Z. Borrower N�t Released; Forbearance 8y Lender Not a Vllai�er. Extensian of the time for payment or modif cation of amart�zation of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shal�not operate to release the iiability af Borrower or any Suc�essars �n Interest of Barrower. Lender sha�1 nat he required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizatian of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrawer. Any forbeara.nce by Lender in exercisi.t�g any right or remedy including,without limitation, Lender's acceptance of payments fram third persons,entities ar Successors in Interest of Borrower or in amounts less than the amaunt then due, shall not be a waiver of or prec lude the exerc ise of any right ar remedy. 'i 3. Joint and 5e�eral Liabi�ity; Co-s�g ners; 5 uccessors and Assig ns Bou nd. Borrower co�enants and agrees that Borrower'�obligations and liabi�ity shali be joint and se�eral.However, any Borrawer who ca-signs this Security Instrument but does nat execute the�ote(a"co-signer"): �a} is ca-s�gning this 5ecurity Instrument vnly to mortga�e,grant and con�ey the co-signer's interest in the Praperty under the terms af this Security Instrument;(b}�s not pers�nal�y�bligated ta pay the sums secured by this Security Instrument;and�c}agrees that Lender ar�d any other Barrower car� agree to extend,modify,forbear or make any accommodations wi�h regard to the terms of this Security Instrument or the Note without the co-signer's consen.t. HCFG-0�359 NEBRASKA-5ingle Family-F�nnis MaelFreddie Mac�NIF�RM INSTRUMENT F��g�� ��, oar�s lAl�lters Kluwer Ftnancial Servires 2�1fi482315.3.2.3509-J�Q160426Y Page 11 o�f t7 . .