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2oioo�5is 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 Opposing Party (as de�ned in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender withitt 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 in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceedin�, whether civil or criminal, is begun that, in �,ender's judgment, could result in forfeiture of the Property ar other material impairment of Lender's interest in the Froperty or rights under this Security Insttument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the actinn or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Froperty 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 damag�s that are attributable to the impairment oF Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneaus Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. l2. 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 Int�rest of Borrower. Lender shall not be requir�d to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for pay►nent 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 forhearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of paym�nts from third persons, entities or $uccessors in Interest 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 and Several Liabil'rty; Co-signers; Snccessors and Assigns Sound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security lnstrument but does not execute the Note (a "co-signer"): (a) is co-si�ning this Security Instrument only to mortgage, grant and convey the co-signer's interest in 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 Lendec and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to th� tetrns of this Security Instrument or the Nate without the co-signer's consent. Subject to the pravisions of Section 1 S, 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 ri�hts and bene�ts 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 birad (except as provided in Section 20) and bene�t the successors and assigns of Lender, 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's def'au(t, for the purpose of protecting Lender's interest in the Prop�rty 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 speci�c fee to Borrower shall not 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 �nally interpreted so that the interest or 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 collected frorn 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 for under NEBRASKA- Single Family - FannieMae/FreddieMac UNIFQRM INSTRUMENT Form 30281/01 Laser Forms Inc. (800) 446-3555 LFI#FNMA3028 aroz Page9 of 13 Initials: _