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2oioo3ss~ If the Property is abandoned by Borrower, ox if, after notice by Lender to Haxrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Harrower fails to respond tp Lender within 3a days after the date tl1,e notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration ar repair of the Property or to the sums secured by this Security Instrument, whether yr 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 in regard tv Miscellaneous Proceeds. Borrower shall be 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 default and, if accelexation has occurred, reinstate as provided in Section 19, by causing the action ar proceeding to be dismissed with a ntling that, in Lender's judgment, precludes forfeiture of the Property ar other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim fox damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid tv Lender. All Miscellaneous Proceeds that are not applied to restoration or repaix of the Property shall be applied in the order provided far in Section. 2. 12. Borrower Nat 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 Successox in Interest of Borrower shall not operate to release the liability of Borrower ox any Successors in Interest of Haxrower- Lender shall not be required to commence proceedings against any Successor in Interest of Harrower 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 original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities ar Successors in Intexest of Borrower ar 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. Horrower 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 "cn-signer"}: (a} is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property undex 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, fprbear or make any accommodations with xegard to the terms of this Security Instxument or the Nvte without the co-signer's consent. Subject to the pravisivzts of Section l8, 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 Instrutr-ent. Horrower 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 agreerr-ents of this Security Instrument shall bind (except as provided in Section 20} and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees far services performed in connection with Horrnwer'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 o£ express authority in this Security Instrument to charge a specific fee to Horxower shall oat be construed as a prohibition on the charging 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 interpreted so that the interest ar 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 to reduce the charge to the permitted limit; and (b) any sums already evlIected from $vrrower which exceeded permitted limits will be refunded to Borrower. Lender may choose tv make this refund by reducing the principal owed undex the Note or by making a direct payment to Harrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether yr oat a prepayment charge is provided for under the Note). Harxower's acceptance of any such refund made by direct payment to Borrowex will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower nr Lender in connectton with this Security Instrument must be in writing. Any notice to Bara'vwer 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 tv Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Horrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure fox reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. Thexe may be only pne designated notice address under this Security Instrument at any one time. Any notice tv 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 another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be govexned 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 NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -MFRS DoeMagic eoo-bas-r3ez Form 302$ 1 /01 Page 7 of t 1 www.docmayic.com 3U21S.mzd.xml