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2� 17��33 L�AN#: 3314Z414'I amount af the sums secured immediate�y b�fore the par�ial taking, d�struction, or foss in va�ue, unless Borrower and Len�er atherwise agr�e in writing, fhe Miscellaneous Prviceeds shall be applied to the sums secured by th�s Security �nstrument whefher ar not the sums are then due. If the Prvperty�s abandoned by Borrower,ar if,a#ter notice by Lender tv Barrawe�that the�pposing Party�as defined in the nex�sentence}�ffers ta make an award#o settle a claim for damages, Bor�ow�r fails to��spand to Lender wi#hin 3�days after the date the notice is g��en, Lender is authorized to collect and apply the Miscellaneaus Proceeds either to restoratian ar repair af the Property ar to th� sums secured by this 5ecurity Instrument, whether or not then due. "�pposing Party" means�he third party that owes Borrower Mis�ellanevus Praceeds or the party against whom Sorr�wer has a �ight of action in regard to Miscellaneous Proceeds. Borrower shall be in defau�t if any ac�ion or proceeding, wh�fher civil or criminaE, is begun tha�, in Lender's judgment, cauEd resuit in fvrfeiture of the Property �r oth�r materiai �mpairment �f Lender's interest in the Property or rights under this Securi#y Instrument. Borrower can cur�such a default and, if acceleration has occurred, reinstate as pro�ided in Section �9, by causing the ac�ion or�roceeding to b� dismissed with a ruling that, in L�nder's judgmenf, pre�ludes farfeiture of the Property or vther mater�al impairm�nt of Lender's inter�st in the Prope�ty o� righ#s under th�s SeCurity Instrument. Th� prviceeds of any award or cla�m for damages that are attributable t�th�impairment of L�nder's interes� in the Property are hereby assigned and shall b� paid t�Lender, All Misce�lan�aus P�aceeds that are not applied t� restvratian or repair vf the Property shall be appl�ed �n the order pro�id�d for in 5ectian �. 'IZ. Borrvwer Nat Refea�ed; Forbearance B� Lender IVot a Wa��er. Ext�nsion o�the time �vr payment or modificafion of amort�zation af the sums secured by this Se�urity Instrument granted �y Lender t� B�rrawer or any Successor in Interest o�Borrower shall no� operate tv release the liability of B��rower ar any Su�cesso�s in Inte�est �f Borrvwer. Lend�r sha�� not �e requ�red t� commence � proceedings against any Successor in Inter�st of Borrower or#o r�fuse to extend time for payment ar vtherwise madify amortization vf the sums secured by this Security lnstrument by reason of any demand made by the original Borrawer ar any 5uccessors in Inter�st of Borrower.Any forb�arance by Lend�r in exerc�s�n� any right ar remedy including, ►►vithaut lim�tati�n, Lender's acceptance of payments from third persons, ent�ties or Successors in Inte�est of Borrower or in amounts less than the amount then due, shall na�he a v►raiver nf ar preclude the exe��ise of any right or�emedy. 'I 3. J�int and 5e�era�Liability;�o-signers;Succ�ss�rs andAssigns Bvund,B�rr�w�rca�enants � and agre�s that BorravUer's obligations an� liability shal� be joint and se�eral. Howe�er, any Borrower : , who co-signs this Security Instrument but daes nat execu#e th�Nate�a"co-signer"}:�a}is co-signing this I Security �nstrument�nly t� mort�age, grant and con�ey fh� co-signer's interest in the Proper�y under the terms of this Security Ins�rument; �b} is nat p�rsonally obligated to pay the sums secured �y this Security �nstrument; and ��} agrees#hat Lender and any other Borr�wer can agre�ta extend, modify, for��ar or make any acGomm�da�inns w�th regard to#he�erms of this Se�ur�ty �nstrument or�he Nvte without the co-s�gner's consent. 5ubj�ct t� the pro�isions of Section 18, any Successor in interest of Barrawer who assumes Borrower's o�Ciga#�ons under this 5ecurity Instrument�n writin�,and is appro��d by Lender,sha��obtain aEl of Borrower's rights and ben�fits under this Security Instrument. Borrawer shall not be released from Borr�wer's obligations and liability under th�s Security Instrum�nt unless Lender agrees to such r�lease in writing. The covenants and agreements of this Security Instrument shall bFnd �except as pro�ided in Se�tion 2�}and benefit the success�rs and ass�gns�f Lend�r. � '14. Loan �harges. Lender may charge Borrower fees fvr ser�ices perform�d En connection with ' Borr�wer's default, for the purpose�f protectin� Lender's in�erest in the Property and rights und�r this Secur�ty Instrument, including, but not limited to, attorneys'fees,property inspec#i�n and valuation fees. !n regard t� any �ther f�es, fhe absence of express authori#y in this Security Instrument to charg� a specifi�fee tn Bnrrow�r shall nat be cvnstrued as a prohibition on�he chargrng of such fee. Lender may no#charge fees that are expressly p�vhi�ite� by this Securify Ins�rument or by Applicabfe Law. I�the Loan is subj�ct ta a law which sets maximum loan charges, and that law is finally interpreted sa that the inter�st or other Ioan charges colfected o�to be c�llected in cannection with the Loan exceed the permitted limifs,then: �a}any such I�an charge shall be reduced by the amount necessary to reduce the charg� to the permitt�d Eimit; and �b} any �ums already cvllected from Borrov►rer which exceeded permitt�d limits vuill be �efun�ed ta Borrow�r, Len�er may ch�ase to mak�this r�fund �y reducing the pr�ncipal ow�d under the Note or by making a direct�ayment to B�rrower. !f a refund re�uc�s prin�ipal, the reduction wilf be treated as a partial prepayment without any prepayment charge�wheth�r or not a prepayment charg� is pro�ided far under the Note}. Barrower's a�ceptanc� of any such refund made by direct payment ta Borrow�r will constitute a waiver of any right of acti�n Borraw�r might ha�e arising out of such overcharge. 15. N�tices.All notEces g�ven�y Barrower or Lender in��nnecti�n with this Security Inst�ument must be in writing.Any notice to B�rrvwer En�flnnect�on with this Security Instrument shall be deemed to ha�e been gi�en to B�rrower when mailed by first c�ass mail ar when a�tually deli�ered to Borr�wer's notice address if sent by other means.Notice to any an�Barrower shall cons�itute natic�to all Borrowe�s unless Appli�able Law expressly requires atherwise.The no��ce address shall b�the Pro�erty Add�ess unl�ss NEBRASKA--Single Family--Fannie llAaelFreddie Mac UN�FORM lNSTRUMENT Form 3428�1Q1 Ellie Mae,Inc. Page S of 11 NEEDEE❑ 03�5 NEEDEED tCLS} 1212212��6 D8:ZS AM PST �. . . . � �