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200206812 Security Instrument whether or nut the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined m the next sentence) offers to make an award to settle a claim for damages, Burrower fails to respond to Lender whbin 30 days after the date the notice is given, Lender Is aithunzed to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Properly or to the sums secured by this Slimily Instrument, whether or not then due. "Opposing Party" means the hold party that owes Borrower Miscellaneous 11 rr;ceeds m the party against whom Borrower has a right of action in regard to Maraflaneoss Proceed,. Borrower shall be in default if any action or proceeding whether civil or clneral, is begun that m Lender's judgment, could result in forfeiture of the Property or other material impairment of Lenders interest in the Iropero or rights under Ihis Security Instmmcnt. Borrower can cum such a default and, if ne,el elation has ea culture, misstate as provided in Section 19, by causing the action or proceeding to be dismissed with it ruling that, in Lenders judgment, precludes forfeiture of the Property or other material impairment oI 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 shall he paid to Lender. All Miscellaneous Proceeds that are not applied to restoration ea 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. Bktensmn of the time for payment or modification of amortisation of the sums stented by this Security Instrument granted by Leader to liorrower or any Successor in Interest of liorrower shall not operate to release the liability of Borrower' or any Success,,,, in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortildner of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Hn,aca,mrs in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lenders acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts I,,, than the amount then file, shall not be a wniver of or preclude the exercise of any I ight or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. I lowcvcn any Borrower who co -signs this Security Instrument but does not execute the Note to "co- olmer"): (a) is co- signing this Secunly Iosuument only to mortgage, grant kind convey the co- signer's interest in the Itoperly under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security lnstrumenq and (a) agrees that Lender and any other' Borrower can agree to extend, modify, forbear or make any accommodati ons 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 Borrowers obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's ogles and bencfns under this Secsnty Instrument. lborrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agree% to such release in willing. "fhe covenants and agreements of this Socially Instrument shall hind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for SCrvrecs performed in connection with Borrower's default, for the purpose of protecting Lenders interest in the I'nipeny and rights under this Security Instrument, including, burner limited to, attorneys fees, property inspection and valuation fees- In regard to any other fees, the absence of express authority in this Secunly Instrument to charge a specific fee to Borrower shall not he construed as a prohibition on the charging of such tee_ 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 of 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 tons ed limit; and (b) any sums ah'cady collected from ]follower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the p cremod owed Under the Note or by making a direct payment to liorrower If a refund reduces principal, the reduction will be treated as a partial Prepayment without any prepayment charge (whether' el not in prepayment charge is provided for under NEBRASKA - Single Fairly - Fannie Mae /Freddle Mac UNIFORM INSTRUMENT Farm 30281/01 s 'Forms Inc Iacot iol' s' Llrproeaoe9 rot Page of 13 Inalale'. �