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2� 17�� 145 � agree in writing, the Miscellaneous Prc�ceeds sha�l be appli�d t�the�um��eGured by this Security Instrum�nt whether t�r nc7t Ehe sums are �hen due. If the Property is abando�ied by Borr�wcr, �r if, after notice�y Lender to Borrower that the Opposing Party(as d�fined in the next sentence} �ffers to make �n award ta settle a claim for damages, Boi�i•ower fails ta respand to Ilendei•vv�thin 3D days after the date the noti�e is gi�en, Lender is authorized ta��llect and app�y the Miscel�ane�us P�•c�ceeds either t� rest�ration�r i•epair nf the Property or to the sums secured by this Security Ynstrument, whether �r i��t then due. "�pposin� Pat•ty" means the third par�y that r�wes Borrower Miscel�aneous Prc�ceeds or the party against whc�m Bn�-rower has a right of action in regard to Miscellaneo�is Prflceeds. Barrower sha�l he in default �f any action or proceeding, whether ci�il or criminal, is begun that, in Lender's j udgment, cou�d resuit in forfeiture of th�Property or other materia� imp�irment of Lender's intere�t in the Property or•i•ights under this Security Instrument. Borrower can cure such a default and, if acceleratian has oCcurred, reinsta�e as pt�o�ided in Section 1�, by eausing the action or praceeding to be d�smissed with a rul ing that, in Lender's �ud€ment, precludes forfeiture �f the Property ot- other material impaii�ment of Lender'S interest in the Property or � i-ights under this Sec�trity Instrument. Z�he proceeds of any award or claim for dama�es that are a�tributable to the impairment af Lender'� interest �n the Propei-ty are hereby assigned and shall be paid to Lender. Al 1 �i�ce�lan�ou5 P�•oceeds that are iint appl ied to restora�ion or repair of the Pr•operty shall be appl ied in the c�t•d�r pi-��ided for- it� Se�tic�n �. 12. B�rrower Not Re�eased; Forbearance By Lender Not a Wa��er. Extension af the t�me far payment or modificatiurl of amoi�tizat�c�n of the �urns se�ured by this S�curity Insti-ument granted by Y_endcr to Borrower or any SL�ccessnr in Interest caf�3c�rrower sha�l nat �perate to release the Ziability of Borrower or any Successors in Interest c��'Bo1-i��wer�. Lerider sh�ll not be requ�red t� cc�mmence proceedin�s against any Successor in Ynterest of Bc�rrower a�- tc� 2��f use tn extend time fot• payment or otherwise rr�od i fy amortization of the sums secured by this Security Instrument by reasor�of any demand made by the ori�inal F3orrower or any Successor5 in Interest of Borrower. Any fc�rbear�nce by Lendei- in exei-cising any ri�ht oi• remedy includ�n�, withou� limitation, Lender's a��eptance of payments frt�m third pers�ns, entities or Successors in Ynterest of Borrawer or in amaunt5 le5s than the amount then due, shall not be a waiver of or preclude �h� exercise of any right or remedy. 13. ,]aint and Se�eral Liability; �o-signers;Successors and Assigns Bound. Borr�wer co�enants and agrees that Boi•rower's obligat�ons and liability shall be joint and se�eral. H�we�er,any Borrower who co-signs this Security Instrumcnt but does not execute the Note(a"co-��gner"}: �a} is cc�-s�gning this Security Instrument�nly to mortgaae, �rant and cor�vey the co-signer's interest in the Property under the terms of this Security Instrument; (b} is not personally obli�ated to pay th� s�zms secured by this Security Instrument; and �c} agrees that Lender and any other Borrower can a�r�e t�extend, mfldify, forbear flr make any acc�mmodations with Y-e�drd to the terms of this Security Instrumen�c�r the Note w�thout the co-signer's consent. Suhject to �he provisions of 5ect�on I$, any 5uccessc�r in Interest �f B�rrower whc� assumes Bc�rrower's obl igations under this Security Instrument in writing, and is app�•o�ed by Lender,shall obtain all of�3orrflwer's righ�s and benefits under this Secu�•ity Instrument. Borrower shall not be relea�ed from Bnrr�wer's obligatians and liabil��y under- this Secui•ity Instriiment un�e5s Lender agt�ees�o such release in writing. The co�enants and agreements of this Se�ui-ity Insti-ument shall bind (except as pr��ided in Section 2�} and bene�it the successot-s and assigns of Lender. 14. Lc�an �harges. Lender may char�e Borrower fees for ser�ices performed in cannection with Bor�•ower's def'ault, f�r the purpnse of pr�tecting Lender's intei•est in the Property and i-ights under this Security Insti•ument, incltiding, but not ��mited to, att�rncys' fees, praper�y inspection and �a�uatinn fees. In regard ta any ather fees, the absence of�express authc�i�ity in this Security Instrument t� �har�e a specifi� fee to B�rrower shal� not be construed as a p��ohibitic�n �n the chai-gina nf'such fee. L�nder may n�t charge fees that are expressly prnhibited by this Security II1S�rulnent c�r by App�icable I_1�w. If�the I.�c�ar� is s�ibject to a Iaw wh�ch sets maximum loan charges, and �hat law is fin�l�y inte�•preted so that the inte�•est nr �thei- �oan c:h�i-aes c•o�ieCted c�i� �o be eoll�cted iiz connecti�n with the L�an exceed the pei-mitted iimits, then: ��} any such loan char�e Shall be reduced by the amc�unt necessary to reduce the charge to the permitted limit; and �b} any sums a�ready coi lected from Borrower v�vh ich exceeded perm itted 1 im its wi 1� be retunded to Borrower. Lende��may choose t�make this i-efund by reducing the principal ow�d under�he Note or by making a direct payment to B�rrnwe�-. If a refund i•educes principal, the rcduction will be treated as a partiat prepaym�nt withaut any NEBRASKA--Singie Farn�#y--Fannie MaelFreddi� Mac UNIFDRM INSTRUMENT Dnc�laglc � Form 3028 ��01 Page 9 of 14 www,docmagrc.com