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2� 1 ��8�7� agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether ar not the sums are#hen due. If the Property rs aba.ndoned hy Borrower,or if, after natice by Lender�a Borrovrrer tha�the�ppasing Party�as def ned in the next sentence� offers to make an award ta settle a claim for damages, Borrawer fails to respond tn Lender wi�hin 3�days after the date the nfltice is gi�en, Lender is authorized to collect and apply the Miscellaneous Proceeds either ta restoratian or repair�f the Property or to the sums secured by this Security Instrument, vvhether or not then due. "�pposing Party'° means the third party that owes Borrawer MiscelZaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Barrower shall be in default if any action or proceeding, whether ci�il ar criminal, is begun�hat, in Lender's judgment, cou�d r�sult in forfeiture af the Property or other material imparrment❑f Lender's interest in�he Praperty or rights under this Security Instrument. Barrawer can cure such a default and, if acceleration has occurred,reinstate as pravrded in Sectian �9, by causing the action or proceeding to be �iismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or oth�r rna�erial rrnpairment of Lender's rnterest in the Property flr rights under�his 5ecurity Instrument. The proceeds of any award or claim for damages that are attributable to the impairment❑f Lender's interes�in the Praperty are hereby assigned and shai�be paid to Lender. A11 Mis�elianeous Praceeds that are not applied to restoration or repair of�he Property shall be applied in the �rder pro�ided for rn Section 2. 12. Borrow�r Not Release�; Forhearance By Lender Not a Wai�er. Extension of the time for payment or modification of amartization of the sums secured by this 5ecurity Instrument granted by Lender to Borrower or any Succ�ssor in Interest of Borrnwer sha�l not operate to release the liability af Borrov►�er or any Suc�essors in Interest of Borrovver. L►ender shall not be required�o commence proceedings against any Successor in Interest of Barrow�r ar to refuse to ex�end time for paymen� nr otherwise madify amortization of the sums secured by this Securi�y Instrumen�by reason of any demand made by the ariginal Borrov�er or any Successors in�nterest of Borrov►rer. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts Iess than�he amaunt then due, sha�I r�ot be a wai�er �f or preclude the exercise�f any right or remedy. 13. .Toint and Several Liabrlity; �'o-signers;Successars and Assigns Bound. Borrawer�o�enants and agrees that Borrower's obligations and liability sha11 be joint and se�eral. However,any Borrawer who co-signs th�s 5e�urity Instrument but does not execute�he Note�a"co-signer"�: ta�is co-signrng this Security Instrument only ta martgage, grant and can�ey the co-signer's interest in the Property under the terms of this Securi�ty Instrument; �b} is not personally obligated to pay the sums secured by�his Security Instrument; and�c}agrees thaf Lender and any other Borravver can agree to extend,modify, farbear or make any accommodations with regard to the terms of this Security Instrument�r the Note wi#hout�he co-signer's cvnsent. Subject to the provisions of Section 18, any Successor in �nt�rest of Borrower v►rho assumes Barrawex's nbligations under this 5ecurity Instrument in writing, and is appra�ed by Lender,shall obtain a11 of Borrower's rights and benefits under th�s Security�nstrument. Borrawer sha11 not be released from Borrower's abliga�ions and Iiability under this Security Instrument unless Lender agrees to such release in writing, The co�enan�s and agreements of this 5ecurity Instrument sha�l hind�excep�as pro�ided in 5ection 20}and benef�the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed�n connection with Borrower's default, for�he purpose af pratecting Lender's interest in the Property and rights under this 5ecurity Instru.ment, includzng, but not limzted to, attorneys' fee�, property inspe�tian and�a�uation fees, In regard to any other fees,the absence❑f express authority in�his Security Instrument�a charge a specific fee to B�rrower shal�not be construed as a prohibition on the charging of such fee. Lender may not charge fees tha�are expr�ssly prohibFted�y this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum Iaan charges, and that law is f nal�y in�erpreted sa that the interest or other loan charges coliected or to be collected in connection with the Loan exceed the permitted�imits, then: �a�any such loan charge shall be reduced by the amount necessaxy to reduce the charge to the permitted limi�; and�b} a.ny surns a�ready collected from Borro�nrer vWhich exceeded permitted limi#s w�ll be refunded�a Borrawer. Lender may choase to make this refund by reducing the principa�flv►red under�he Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction v�ri11 be �rea�ed as a par�ial prepayment without any NEBRASKA--Single Family--Fannie MaelFreddie N[ac UNlF�RM IN5TRLIMENT ��1�� Form 3�28 �101 Page 9 af �4 www.dacmagrc.com