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�oious2ss If the Property is abandoned by �orrower, or if, after notice by Lender to Borrower that the Opposing Party (as defin�d 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 Instrunnent, 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 af action in regard to Miscellaneous Proceeds. Borrower sha11 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 ather material impairnnent of Lender's interest in the Property or rights u�der this Security instrurnent. Borrower can cure such a default and, if acceleration has occurred, teinstate as provided in Section 19, by causing the action or proce�ding 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 Praperty or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance Sy Lender Not a Waiver, Extension of the time for payment or modification of amortization of the sums secured by this Security Instrutnent granted by Lender to Borrower or any Successor in Interest of Barrower shall not operate to release tha liability of Borrower or any Successors in lnterest of Borrowet. 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 lnstrument by teason of any dernand made by the original Borrower 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 persans, 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 obligations and liability shall be joint and several. However, any Borrower wha co-signs this Security Instrument but does not ex�cute 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 af this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accammodations 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 Borrow�r's obligations under this Security Instruznent in writing, and is appraved by Lender, shall obtain a11 of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrurnent unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section ZO) and bene�t the successors and assig:ns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpos� of protecting L,ender's interest in the Property and rights under this Security Instrument, including, but not lirraited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express auChority in this Security Instrument to chaarge a specific fee to Borxower shall nat be construed as a prahibitian an 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 finally intexpreted so that the interest or other loan charges collected ar to be collected in connection with the Loan exceed the permitted limits, then: (a) any sucY► loan charge shall be reduced by the amount necessary to reduce the charge to the pernlitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to nna�e this refund by reducing the principal awed 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 the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might kaave arising out of such overcharge. 15. Notices. All notices given by $orrower or Lender in connection wiCh this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deer�aed to have been giv�n to Borrower when mailed by first class mail or when actually delivered to Borxower's notice address if sent by other means. Notice to any one Borrower shall canstitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice addaress shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lendet'. Borrower shall promptly notify Lender of Borrowex's change of address. If Lender speci�es a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated natice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it ar by mailing it by �rst class mail ta Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to hav� been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is lacated. All rights and obligatioans contained in this Security Instrurnent are subject to any requirements and limitations of Applicable Law. Applicable Law might NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic � 800-649-1362 Form 302$ 1/01 Page 7 af 1 1 www,dacmagie.com �� � Ne302R.mzd.xml . .