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20100781� If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined 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 Miscellanaous 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 $ot'rower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard ta Miscellaneous Proceeds. Borrawer 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 impairmenc of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default 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 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 darnages that are attributable to the irnpairment of Lender's interest in the Property are h�reby 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. 12. Barrower Not Released; Forbearance By Lender Not a Waiver. ExCension of the time for payment or madification of anraortizatioc► of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not aperate 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 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 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, L.ender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, sha11 nnt be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several . However, any Botrower who co-signs this Secuxity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security lnstrument only to mortgage, grant and convey the co-signer's incerest in the Property under the terms of this Security Instrument; (b) is nat personally obligated to pay the sums secured by this Security lnstrument; and (c) agr�es that I.,ender and any other Borrawer can agree to extend, rnodify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the ca-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 approved by L�nder, shall obtain all of Borrower's rights and benefits undet this Secutity Instrument. Botrower shall not b� 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 Instrurnent shall bind (except as provided in Section 20) and benefit the succ�ssors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Boxrower's default, for the purpose of ptotecting 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 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. �.ender may not charge fees that are expressly prohibited by this 5ecurity Instrurnent or by Applicable Law. If the i,oan is subject ta a law which sets rnaxiznum loan charges, and that law is finally interpreted so that the interest or other laan 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 from Borrower which exceeded pernlitted limits will be refunded to Borrower. Lender tnay choose to nnake 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 prepaym�nt without any prepayment charge (whecher or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payrnent to Borrower will constitute a waiver of any right of action Borrower might have arising out of such ovetcharge. 15. 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 natice addr�ss if sent by other rneans. 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 Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify L.ender of Borrower's change of address. If Lender speci�es a pracedure for reporting Borrower's change of address, then Borrower shall only report a change of address thraugh that specified procedure. There may be only ona designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by rnailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice ta Borrower. Any notice in connection with this Security Instrument shall not be deemed to have b�en given to Lender until actually received by Lender. If any notice required by this Security in:strument is also required under Applicable Law, the Applicable Law requirement will satisfy the correspanding requirement under this Security Instruznent. 16. Governing Law; Severability; Rules af Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligatians contained in this Security Instrurc�ent are subject to any requirerx�ents and limitations of Applicable Law. Applicable Law might NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUM�NT - M�RS DOCMaqic QJ�omrn� 800-6a9-�3s2 Form 3028 1/01 Page 7 of 11 www.docmagic.com � 1' 1� Ne3U28.nud.xml