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201007987 if the Aroperty is abandoned by Bocrower, or if, after notice by Lender to Borrower thac 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 within 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 pazry that owes Borrower Miscellaneaus 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 praceeding, 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 acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be disrnissed with a ruling that, in Lender' s judgrnent, precludes forfeiture of the Property or other material impairment of Lender's incerest in the Froperty or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributa6le to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Froceeds that are not applied to restoration or repair of the Froperty shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the rime for payment or modification of amortization of the sums secured by this Security Tnstrument granted by Lender to Barrawer or any Successor 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 proceedings against any Successor in Interest of Borrower or to refuse to extend tirne for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Barrower or any Successors in Tnterest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors 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 Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's abligations and liability shall be joint and several. However, any Barrower who co-signs this Security Tnstrument but does not execute the Note (a "co-signer"): (a) is co-signing 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 Lend�r and any other Borrower ean agree to extend, modify, forbear ar make any accommadations 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 Tnterest of Borrower who assumes Sorrower'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 Instrument. Borrower shall nat be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements af this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees for setvices performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Froperty 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 specific fee to Borrower shall not be construed as a prohibition on the charging af such fee. Lender may not charge fees that are expr�ssly prohibited by this Security Instrument or by Applicable Law. Tf the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or ather 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 ta reduce the charge to the permitted limit; and (b) any sums already collected from Borrowcr 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 6y 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 the Note). Borrower's acceptance af any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instruxnent must be in writin�. Any notice to Borrower in connection with this Secucity Instrument shall be deemed to have been given to $orrower when mailed by first class mail or when actually delivered to Barrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicablc Law expressly requires otherwise. The notice address shall be the Froperty Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall prornptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change af address, then Borrower shall only report a change of address through that speci�ed procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to 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 Borrawer. 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 InstrunnenC is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirernent under this Security Instrument. 16. Governing L�w; Severability; Rules of 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 obligations contained in this Security Instrument are subject to any xequirements and limitations of Applicable Law. Applicable Law might Borrower Initials: NEBRASKA--Single Form 3028 1 /01 ie Mac UNIFORM INS7RUMENT - MERS ppCM��iC � eD0 Page 7 of 11 www.docmaglc.com