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default, for the purpose of protecting Lender' s interest in the Property and rights under this including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard absence of express authority in this Security Instrument to charge a specific fee to Borrower s as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohi Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally i interest or other loan charges collected or to be collected in connection with the Loan exceed then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge t and (b) any sums already collected from Borrower which exceeded permitted limits will be re Lender may choose to make this refund by reducing the principal owed under the Note or by m to Borrower. If a refund reduces principal, the reduction will be treated as a partial prep NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 Page 9 of 14 201703445 Instrument whether agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Securi or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that t defined in the next sentence) offers to make an award to settle a claim for damages, Borrow Lender within 30 days after the date the notice is given, Lender is authorized to collect and ap Proceeds either to restoration or repair of the Property or to the sums secured by this Securit or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is be judgment, could result in forfeiture of the Property or other material impairment of Lender' s i or rights under this Security Instrument. Borrower can cure such a default and, if acceleration h as provided in Section 19, by causing the action or proceeding to be dismissed with a ruli judgment, precludes forfeiture of the Property or other material impairment of Lender' s inter rights under this Security Instrument. The proceeds of any award or claim for damages that impairment of Lender' s interest in the Property are hereby assigned and shall be paid to Lend All Miscellaneous Proceeds that are not applied to restoration or repair of the Property s order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of th modification of amortization of the sums secured by this Security Instrument granted by Lend Successor in Interest of Borrower shall not operate to release the liability of Borrower or any of Borrower. Lender shall not be required to commence proceedings against any Successor in or to refuse to extend time for payment or otherwise modify amortization of the sums sec Instrument by reason of any demand made by the original Borrower or any Successors in Intere forbearance by Lender in exercising any right or remedy including, without limitation, Le payments from third persons, entities or Successors in Interest of Borrower or in amounts less due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower that Borrower' s obligations and liability shall be joint and several. However, any Borrower who Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrum grant and convey the co- signer' s interest in the Property under the terms of this Security I personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Borrower can agree to extend, modify, forbear or make any accommodations with regard to the Instrument or the Note without the co- signer' s consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower' s rights . gations and liability d agreements of this assigns of Lender. e Opposing Party (as r fails to respond to ly the Miscellaneous Instrument, whether roceeds or the party that, in Lender' s erest in the Property occurred, reinstate g that, in Lender' s st in the Property or e attributable to the r. all be applied in the time for payment or r to Borrower or any uccessors in Interest Interest of Borrower ed by this Security t of Borrower. Any der's acceptance of han the amount then ovenants and agrees o -signs this Security nt only to mortgage, strument; (b) is not ender and any other erms of this Security sumes Borrower' s and benefits under this Security Instrument. Borrower shall not be released from Borrower' s ob under this Security Instrument unless Lender agrees to such release in writing. The covenants a Security Instrument shall bind (except as provided in Section 20) and benefit the successors an 14. Loan Charges. Lender may charge Borrower fees for services performed in connects on with Borrower' s ecurity Instrument, o any other fees, the all not be construed ited by this Security terpreted so that the he permitted limits, the permitted limit; nded to Borrower. ing a direct payment yment without any DocMag/c egburmar www.docmagic.com