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244944158 'I4S0908954 Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums a~e then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defned in 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 yr to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Burrower Miscellaneous Proceeds of the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action of 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 default and, if acceleration has vccurted, reinstate as provided in Section 19, by causing the action ox 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 shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided fur 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 Bvrrvwer or to refuse to extend time for payment yr 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 ar remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Burrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right yr remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Sound. Borrower covenants and Iagrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who ev-signs this Security (Instrument but does not execute the Nvte (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and'iconvey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pdy the sums secured by this Security Instrument; and (c) agrees that Lender and any other Burrower 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 apprvved 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 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. l4. Loan Charges. Lender may charge Borrower fees for services performed in connection with Bortvwer'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 ether fees, 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 ate 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 of other loan charges collected or 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 tv reduce the charge tv 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 treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided fur 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. 1S. Notices. All 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 if sent by other means. Notice to any one NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNII'ORM INSTRUMENT ~" 33R.2 Page 8 of 12 Form 302R 1/01 ~4-'~„' ~~