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2010(�`77�.1 as�.oiasa�r In the event of a partial taking, destruction, or loss in value af the Property in which the fair market value of the Froperty immediately before the partial taking, destruction, or loss in value is less than the amount of thc sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrurnent whether or not the sums are then due. Tf the Prpperty is abandoned by Borrower, or if, after notice by �,endcr to Borrower that the Opposing Party (as defined in thc 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 ar repair of the Property or to the sums secured by this Securiry Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrawer has a right 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 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. Botrower can cure such a dcfault and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture af the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrumant. The proceeds of any award or claim for damages that are attributable to the impairmenC of Lender's interest in the Propecty are hereby assigncd and shall be paid to Lender. All Miscellaneous Aroceeds that are not applied to restoration ar repair of the Property shall be applied in the order provided for in Section 2. 12. Borrawer Not Released; Forbe�rance By Lendcr Not a Waiver. Extension of the time for payrnent or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successar 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 praceedings against 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 der►aand made by the original Borrowcr 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 InCerest af Borrower or in amounts less than the amount then due, shall nat be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrawer covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Tnstrument but does not execute the Note (a "co-signer"): (a) is co-signing this 5ecurity 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 Instrurnent; and (c) agrees that T,ender and any ather Borrowcr can agree to extend, modify, forbear or rnake any accommodations with regard to the terms of this Security Instrument or the Note withaut the co-signer's consent. Subject to thc provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by I.ender, shall obtain all of Borrower's rights and benefits under this Security Tnstrurnent. 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. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Praperty and rights under this Security Instrument, including, but not limited ta, attorncys' fees, property inspection and valuation fees. In regard to any other 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 char�e fees that are expressly prohibited by this Security Instrurnent or by Applicable Law. If the T,oan is subject ta a law which scts maximum loan charges, and that law is finally interpreted sa that the intcrest or other loan charges collceted or to be collected in connection w'rth the Loan exceed the perrnitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chargc to the permitted limit; and (b) any surns 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 paymant to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chargc (whether or not a prepayment charge is provided far under the Note). Borrower's acceptance of any such refund made by direct paymenC to Borrawer will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 1VEBRASKA--Singlc Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMFNT N� 338.2 Pagc 8 of l2 Form 3028 1/01 � � 1 �� �. u