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200605506 taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Misccllancous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Ifthe Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim tor damages, Borrower tails to respond to Lender within 30 days after the date the notice is given, Lcnder is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair ofthc Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owcs Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Procccds. Borrower shall bc 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 detault and, if acceleration has occurred, reinstate as providcd in Section 19, by causing the action or procccding to be dismissed with a ruling that, in Lcndcr's judgment, precludes forfeiture of the Property or other material impairmcnt of Lender's interest in the Property or rights under this Security Instrumcnt. Thc procccds of any award or claim tor damages that are attributablc to the impairment of Lender's interest in thc Propcrty arc hcrcby assigned and shall be paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair ofthe Property shall be applicd in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for paymcnt or modification of amortization of the sums sccured by this Security Instrument granted by I .ender 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 commcncc proceedings against any Successor in Intcrcst of Borrowcr or to refusc to extend time for payment or otherwise modity amortization ofthe sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Intercst 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 thc 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 covenants and agrees that Borrower's obligations and liability shall bc joint and scveral. However, any Borrower who co-signs this Security Instrumcnt but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgagc, grant and convey the co-signer's interest in the Propcrty under the terms of this Security Instrument; (b) is not personally obligatcd to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other 13orrower can agree to extend, modity, 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] 8, any Succcssor in Interest of 13orrower 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. 13orrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such relcasc in writing, Thc covenants and agreements of this Security Instrument shall bind (exccpt as provided in Section 20) and benefit thc 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' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a spccifie fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that arc expressly prohibited by this Security Instrument or by Applicable Law. Ifthe Loan is subject to a law which scts 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, thcn: (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 trom 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 wiII 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 by Borrower or Lender in connection with this Security Instrument must bc 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 Borrowcr's notice address if sent by other means. Notice to any onc Borrower shall constitute notice to all Borrowers unless Applicable Law exprcssly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notity Lender of 13orrower's change of address, If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure, There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated anothcr address by notice to Borrower. Any notice in connection with this Security Instrumcnt shall not be deemed to have been given to Lender until actually received by Lender. I f any notice required by this Security Instrument is also required under Applicable Law, the Appl icable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governcd by federal law and the law of the jurisdiction in which the Property is located, All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause ofthis Security Instrument or the Note cont1icts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the cont1icting provision, As used in this Security Instrument: (a) words ofthe masculine gender shall mean and include corresponding neuter words or words ofthe feminine gender; (b) words in the singular shall mean and include the 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 Note and ofthis Security Instrument. 18. Transfer ofthe Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in thc Property, including, but not limited to, those beneficial intcrcsts transferred in a bond for deed, contract for decd, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrowcr at a future date to a purchaser. If all or any part ofthe Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment 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 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums sccured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration ofthis period, Lender may invoke any remedies permittcd by this Security Instrument without further notice or dcmand on 13orrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property NEBRASKA -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 5 of 7 Fonn 3028 1/01 Borrower(s) Initials.!J!!J..i:....- (\"')'1./ IDS, Inc. - (800) 554-1872