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200503101 secured immediately before the partial taking, destruction, or loss the value, unless Borrower and Lender this Security Instrument agree in writing, the Miscellaneous Proceeds shall a app opposing P whether or not the sums are then due. Lender to Borrower that the Opp g �y If the Property is abandoned by Borrower, a if, after notice by (as defined in the next sentence) offers to make an award to settle is authorized to a collect Borrower d apply the Miscellaneous Lender within 30 days after the date the notice is property t the sums secured by this Security Instrument, whether or Proceeds either to restoration or repair of the Property that owes Borrower Miscellaneous Proceeds or the party not then due. "Opposing Party" means the third party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. al, is Borrower shall be in default if any action or proceeding, whlther civil or riLender'sbngere thn�the Properrty judgment, could result in forfeiture of the Property or other or rights under this Security Instrument. Borrower co cure oceedingto betd dismissed with withto ruling that, insLender'r as provided in Section 19, by causing the action p precludes forfeiture of the Property or other material impairment of Lender's interest in the rope o judgment, p award or claim for damages that are attributable to the rights under this Security Instrument. The proceeds of any impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. g applied shall be a lied in the All Miscellaneous Proceeds that are not applied to restoration or repair of the Property order provided for in Section 2. 12. Borrower Not Released; Forbearance B s S e ur ty Instrument granted t by nLe der to Borrower iior any modification of amortization of the sums secured by tY Successor in Interest of Borrower shall not operate commence proc edingstagainst Bany Successor in Interest of Borrower of Borrower. Lender shall not be required to or to refuse to extend time For payment or otherwise modify amortization u cdssors . Interest fBorr this ower. Any Instrument by reason of any demand made by the original Borrower or 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. Borrower who co-signs the any agrees that Borrower's obligations and liability shall be joint and several. co-signing ' h s Security Instrument only to Security Instrument but does not execute the Note (a "he signer "): O (b) is mortgage, grant and convey the co- signer's interest in the Property under the terms o£ this Security Instrument; not personally obligated to pay the sums sec is any accommodations (with regard to the terms nof this other Borrower can agree to extend, modify, forbear or 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 an liability under this Security Instrument ll unless Lender arees to such release in writing. The bind ex ept as p ovided in Secti Section 20) a d be efit the succes of s and agreements of this Security Instrument sha assigns of Lender. 14. Loan Charges. protecting may ng charge der' interest in the Property and rights under this connection ecurity Instrument, default, for the purpose of pro S inspection and valuation fees. In regard to any other fees, the including, but not limited to, attorneys' fees, property p absence of express authority in this Secri Instrument mayh not charge fees that re expressly shall prohibited by this as a prohibition on the charging of such Security Instrument or by Applicable Law. um If the Loan is subject to a law colwhic or maxim ollect collected charges, and that connection withltheiLoanalexce d the tpermitted the interest or other loan charges to reduce the charge to the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary limit; and (b) any sums already collected from nBorrower reducing the principal owed under hesNote or by making a Borrower. Lender may choose to make this Y direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment NEBRASKA -- Single Family- -Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 1 /01 (page 9 of 14 pages) GV2023.HP m�