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200301776 LOAB 0, 2234308 Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that ones Borrower Miscellaneous Proceeds or the party 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 begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has Occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment ofLender's interest in the Property are hereby assigned and shall be paid to Lcndcr. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums securedby this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower . Lender shall nolbe required recommence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. 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 less than the amount then 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. Burrower covenants and agrees that Borrower's obligations and liability shall bejointand several However, any Borrower who cu -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the suns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any aeeornmodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest Of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security instrument unless Lender agrees to such release unwitting. The covenants and agreements ofthis Security Insimmcml shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security histmmad, including, bill not limited 10, attorneys' fees, property inspection and valuation fees_ In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or Other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then. (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower_ Lender may choose to make this refund by reducing the principal Dived under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note)- Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given bvBorrowerorLender in connectionwith this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Ins'Inummt shall be deemed to havebecn given m Borrower when nailed by first class mail or when actually delivered to RORDiwer'6 notice address if sent by other means_ Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be IhcPmperty Address unless Borrower has designated a substitute notice address by notice to Lcndcr. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifics a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that s'pccdiicd procedure There may be only one designated notice address under this Security Instrument al any one time. Any notice to Lender shall be given by delivering it orby mailing it by first class mail to Lender's address staled herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Securily instrument shall not be deemed to have been given to Lender until actually received by Lender. Ifany notice rcquircd by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the conesponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of lhejurisdiction in which the Properly is located. All rights and obligations contained in Ibis Security instrument are subject to any requirements and limitations of Applicable Law_ Applicable Law might explicitly or implicitly allow Ilse parties to agree by contractor it might be silent, but such silence shall not be construed as a prohibition against agreement by contract- In the event dou any provision or clause of this Security Instrument or the Note conflicts wills Applicable Law, such conflict shall not affect other provisions of This Security instrument or the Now which can be given effect without lire conflicting provision. As used in this Security instrument (a) words of the masculine gender shall mean and include corresponding ncimer words or words of the feminine gender', (b) words in the singular shall mean and include [lie plural and vice versa', and (c) the word "may" gives sole discretion without any obligation to take any action_ 17. Borrower's Copy. Borrower shall be given one copy of the Nom and of this Securily first nrnrenl- 18. Transfer of the Properly or a Beneficial Interest in Borrower. As used in this Section 18, `Interest in [lie Properly" means any legal or beneficial inmost in the Properly, including, bill not limited lo, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contractor escrow agreement, the intent of which is the transfer of Lille by Borrower at a future date to a purchaser. If all or any part of the Properly or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and abeneficial interestinBorroweris solder transferred) withoutLender'sprior writtenconsent. Lender may requireimmediatepayment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 70 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured In, NEBR4SKA— Single Fvnlly— Finwe 3lne /FrrdAic Muc CNIFORM IF6TR11MEVT Initials[ Finn 30.81101 Page 6 of 8 NU DEED