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200605942 value of the Property immediately before the partial taking, destruction, or loss iu 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 takiug, destruction, or loss in value is less than the amount of the sums secured immediately before the partial takiug, destruction, or loss in value, unless Borrower and Lender otherwise agree in writiug, 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 if, after notice by Lender to Borrower that the Opposiug Party (as defmed iu the next sentence) offers to make an award to settle a claim for damages, Borrower fails 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 party against whom Borrower has a right of action iu regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceediug, whether civil or crimiual, is begun that, in Lender's judgment, could result iu forfeiture of the Property or other material impairment of Lender's iuterest iu 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 causiug the action or proceediug to be dismissed with a ruling that, iu Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's iuterest iu 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 iuterest iu the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied iu the order provided for iu 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 iu Interest of Borrower. Lender shall not be required to commence proceedings agaiust 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 origiual Borrower or any Successors iu Interest of Borrower. Any forbearance by Lender iu exercisiug any right or remedy includiug, without limitation, Lender's acceptance of payments from third persons, entities or Successors iu Interest of Borrower or iu 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 covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signiug this Security Instrument only to mortgage, grant and convey the co-signer's iuterest iu the Property under the terms 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 tenns of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor iu Interest of Borrower who assumes Borrower's obligations under this Security Instrument iu 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 iu writing. The covenants and agreements of this Security Instrument shall bind (except as provided iu 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 protectiug Lender's interest iu the Property and rights under this Security Instrument, iucludiug, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority iu this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the chargiug 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 iuterpreted so that the interest or other loan charges collected or to be collected iu connection with the Loan exceed the pennitted NEBRASKA--Single Family--Fannie MaeIFreddie Mac UNIFORM INSTRUMENT AMENDED FOR VA GV2146.HP Form 3028 1/01 (page 9 of J 3 pages) tW ~iP