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2� 17��41 � ' ' L�AN#: '1fi�'17T�73 amount of the sums secured immediate�y�efor�the partial taking, destruction, or Ioss in�alue, unless Barrower and Lender otherwise agree in writ�ng, #he Miscellaneous Praceeds shall �e appEied #a the sums secured by this 5ecurity Instrument whether or not the sums are then due. ��the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the�pposing Party�as defined �n the next senten�e}offers ta make an award to settle a�laim for damages, Borrower fai�s to respond#o Lender wi�hin 3�days after the date the nat�ce is gi�en, Lender is authorized to collect and apply the Miscellane�us Proceeds either to restoration ar repair of the Property ❑r to the sums secured �y this Security lnstrument, whether or na#then due. "�ppasing Party" means the third party that owes Borrower Misc�llaneous P�aceeds or the party against whom Borra►n►er has a�ight af a�ti�n in regard to Miscellaneous Proceeds. Borrower shall he in default i�any action or p�oceedin�, whether ci�il or criminal, is begun that, in Lender's judgment, coul� result in forfeiture of the Property or vther material impairment of Lender's interest in the Property or rights under�his Security 1 nstrument. Borrower can cure such a default and, if accelera#ion has occurred, reinstate as pro�ided in 5ectton 19, by causing the actian vr praceeding #a be dismissed with a ruEing that, in Lender's judgment, precludes forfeiture of the Property or other mat�rial impairment of Lender's interest �n th� Pro�erty or rights under this Security Instrument. The proceeds of any award or c�aim for damages that are attribu�ab[e to the impairment of Lender's interest in th�Property are hereby assign�d and shal�be paid ta Lender. A�I Miscel�aneaus Pro�eeds that are not applied to restoration or repair of the Property shat� be applied in th�order pro��ded for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a IIVai�er. Extensian vf th� time for payment or mvdification of amortization of the surns secured by this 5ecurity Instrument gran#ed by Lender to Bnrrower or any Successor in Interest af Borrawer shall not operate to release the liab�lity af Borrower vr any Successors in Interest of Borrower. Lender shall not be required to commence praceedings against any Successor in Interest of Borrower or to refuse to ext�nd time fo�payment or otherwis�modity amortizatian af the sums se�ured by this Security Instrument by reason a�any demand made by fhe ariginal Borrower or any 5uccessors in Interest of Borrower.Any�vrbearance by Lender in exercising any right ar remedy including, without limitation, Lende�'s ac�eptanc� of payments fram third �ersons, entities or Successors in Int�r�st of Borrower or in amounts �ess than the amount then due, sha[I not be a wai�er of or prec�ude the exercis�of any right or remedy. '13. Jvintand Se�eral Liability;Co-signers;SuccessorsandAssEgns Bound.Borrow�rco�enants and agrees that Borrowe�'s abr�gations and liabi�ity shal! be joint and se�eral. However, any Bvrrawer wh��a-signs this Securi#y Instrument but do�s not execute the Nate�a"co-signer"}:�a}is co-signing#his Security Instrument only to mortgage, g�ant and con�ey the co-signer's inter�st in the Proper#y under the terms of this 5ecurity Instrument; �b} is not personally obligated to �ay the sums s�cured hy this Security Instrument; and �c} agrees that Lender ar�d any other Bnr�ower can agree to extend, modify, farbear or make any accommodations with regard ta the terms of th�s Security Instrument or the Na#e without the ca-signer's consent. Sub�e�t to the pro�isions of 5ection 18, any Successor in �nterest of Borrower who assumes Borrower's obligatians under this Security Cnstrument in wrrting,and is appro�ed by L�nder,shall abtain all of Borrawer's rights and benefits und�r this Se�urity instrument. Borrower shall not be released from Borrower's obligations and liability under th�s 5ecurity lnsfrument unl�ss Lender agrees to such release in writing.The co�enants and agreements of this Security Instrum�nt shall bind �except as pro�ided in Section 2D}and benefit the su�cessors and assigns of Lender. '14. Laan Charges. Lender may charge Borraw�r fees for sen►ices perfo�med in connectian with Borrower's default,for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,but nat limited to,att�rneys'fees, property�nspection and�alua#ion fees. !n regard to any other fees, th� a�sen�e a�express authority �n this Security Instrument tv �harge a sp�cific fee to Borr�wer shall not be construed as a�rohi�itian on the charging af su�h fee. Lender may nat charge fees that are expressly prvhibited by this Security �nstrument o�by Appli�able Law. If the Loan is subject to a�aw which sets maximum loan charges, and that law is finally interpreted so that th�interest or other Ioan charges collect�d or to be coliected in connection w�th the Loan exceed the permi�ted limits,then: �a}any such loan charge sha�l be reduced by the amaunt necessary ta reduce th� charge to the permitted limit; and �b} any sums already collected from Borrow�r which exceeded permitted �imits wili be refunded to Bor�ower. Lender may chaose to make th�s refund by reducing the pr�ncipal owed underth�Note or by making a direct paymentto Borrow�r. �f a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge�whether or not a prepayment charge is pro�id�d �or under�he Note}. Borrawer's ac�eptance af any such refund made by direct paym�nf to Borrower wi�!constitute a wai�er of any right of action Borrower might ha�e arising aut of such v�ercharge. 15. Notices.All notices gi�en by Barrower�r Lender in cvnnection with th�s 5ecuri#y Instrument must be in writing.Any not�c�to Borrower in connection wi�h this Se�uri#y Instrument shall be deemed to ha�e been gi�en to Borrower►n►hen mai�ed by f�rst class mail ar when actually de�i�ered to B�rrvwer's notice address if sent hy other means.Notice to any ane B�rraw�r shall canst�tute notice tQ alE Borrowers unless Applicable Law expr�ssly requires otherwise.The notice address shall be the Property Ad res lnitials� NEBRASKA--SingEe Family--Fannie MaelFreddie Ma�UNIF�RM INSTRUAIIENT Fvrm 3�Z8 110'! EIEie Mae,lnc. Page 8 of 11 NEEDEED fl315 NEEDEED(CLS} '121281�Q�fi�8:38 AM PST 1 ■