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2oiou�3s4 451013759 Property iminediately before the partial taking, destruction, or loss in value is less than the amount of the sums secur�d. imrnediately before the partial taking, destruction, or loss in v�lue, uuless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the surns secured by this Security instruntent whether or not the sums 1re then due. If che Property is abandoned by Borrower, or if, after notice by Lender ta Borrower that the Opposing Party (as de�ned in the next sentence) offers to make an award to settle a claim for dama�es, Borrower fails to respond to Lender within 30 days after the datE the notice is given, Lender is authorized to coll�ct and apply the Miscellaneous Proceeds either to restor�tion or repair of the Property or to the sums secured by this Security instrument, whether or not then due. "Opposing Party" me�ns the third p�►rty that awes Borrower Miscellaneous Proceeds or the party against whom Borrower has a ri�ht oF action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgmcnt, could result in forfeiture of the Property or other material impairment of Lender's interest in the Prop�rty or rights und�r this Security Instrurnent. Borrower can cure such a default and, iPacceleration has occurred, reinstate as provided in Section 19, by causing the actian or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of ch� Property or other materi�l impainnent of Lender's interest in the Property or rights under this Security Instnunent, The proc�eds of any award or claim for damages that are attributable to the impairment ot Lend�r's interest in the Prop�rty are hereby assigned and shall be paid to Lender. All Miscellanaous T'roceeds that are not applied to restoration or r�pair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Nat Rcleased; Forbcarance By Lendcr Not a Waivcr. Extension of the time for payment or modification of amortizatian 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 tha liability of Borrower ar any Successors in Interest of Borrow�r. Lender shall not be required to commence praceedin�s against any Successor in Tnterest of Borrower or to refiise to extend tiine 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 Borrovver. Any forbearance by Lender in exercising any right or remedy including, without limitation, iwender's acceptance of payrnents froin third persons, entities qr Successors in lnterest 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 und Scveral Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. IIowever, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instniment only to mortgage, grant and convey the co-signer's inter�st in the Property under the terms of this Security Tnstninient; (b) is not personatly obligated to pay tha sums secured by this Security Instrument; and (c) agrees that Lend�r and any other Borrower can agree t� extend, modify, forbear or make any accomrnodations 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 abligations under this Security Instrum�nt in writing, and is approved by Lender, shall obtain all of Borrawer's rights and bene�ts under this Security Instrumant. Borrower shall not be released from Borrower's obligations and liability under this Security lnstniment unless Lendcr agrees ta such release in writing. The covenants and agre�ments of this Security Instrurnent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender, 14. Loan Charges. Lender may charge Borrower fees for services perPonned in connection with F3orrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Tnstrument, including, but not limited to, attorneys' fecs, property inspection and valuation fees. in re�ard to any other fees, the absence of express authority in this Security Instrument to charge a specific fe� to Borrower shall not be construed as a prohibitian on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. Tf the Laan is subject to a law which sets 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 pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduc� the char�e to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limics will be refiinded to F3orrower. 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 prepayinent 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 Barrower inight have arising nut of such overcharge. 15. Natices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. NEBRASKA-�Single Family--Fannic Mae/Freddle Mac UNIF'ORM INS'I'RUMF.NT � 338.2 Page 8 of 12 Form 3U28 1/Ol ��