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200206382 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shag be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or In a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. K the restoration or repair Is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security InsWmem, whether or not then due, with the excess, 0 any, paid to Borrower. Such Miscellaneous Proceeds shag be applied In the order provided for In Section 2. In the event of a total taking, destruction, or loss In value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid to Borrower, In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of She Property Immediately before the partial telling, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction; (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property Immediately before the partial taking, destruction, or loss In value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property in which the fair market value of the Property Immediately before the partial taking, destruction, or loss In value is less than the amount of the sums secured Immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or g, after notice by Lender to Borrower that the Opposing Party (as defined In the next sentence) otters to make an award to settle a clalm for damages, Borrower falls to respond to Lender within 30 days after the date the notice Is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 'Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the parry against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be In default lt 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 it 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 of Lender's interest In the Property are hereby assigned and shag be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shag 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 secured by 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 not be required to commence proceedings against any Successor In Interest of Borrower or to refuse to extend rime 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 Imitation, Lander's acceptance of payments from third persons, entities or Successors In Interest of Borrower or in amounts less than the amount then due, shag 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 covenants and agrees that Borrower's obligations and liability shag be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co- slgner'): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co-signer's Interest In the Property under the terns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations 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 shag not be released from Borrower's obligations and Ilabliry under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument 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 Instrument, including, but not limited to, attorneys' leas, property inspection and valuation fees. In regard to any other lees, 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 it 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 ben charge shag 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 owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be trued as a Perlis[ 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. Ai notices given by Borrower or Lender In connection with this Security Instrument must be in writing. Any notice to Borrower In connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address It sent by other means. Notice to any one Borrower shell constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shag be the Property Address unless Borrower has designated a substitute notice address by notice to Lander. Borrower NEBRASKA - single Family- Fannie MawFredele Mac UNIFORM INSTRUMENT Form 3028 1 (page s of s as ) F165e5,1MG (11po)