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2oioos34s 451017494 In the event of a partial taking, destruction, or lass in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the 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 Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after noticc by Lender to Borrower that the Opposing Party (as defined in the next sent�nce) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date Che notice is given, I,ender 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 Tnstrument, whether or not then due. "Opposing Party" means thc third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right af action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action ar praceeding, whether civil or criminal, is begun that, in Lender's judgrnent, could result in farfeiture 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 thc action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property ar ather material impairmant of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interesc 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 Froperty shall be applied in the order provided far in Scction 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modi�cation of amortization of the sums secured by this Security instrument granted by Lender to Borrower ar 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 cammence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment ar 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 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 LY�bility; Co-sfgners; Successors and Assigns Bound. Borrower covenants and agrees that $orrower's obligations and liability shall be joint and several. However, any $orrower who co-signs this Security Instrument 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 suxns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear ar make any accornmodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section l8, 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 rights and bene�ts under this Security Instrument. Borrower shall not be released fram Bprrower's obligations and liability under this Security Instxument 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 bene�t 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 Lcnder's interest in the Property and rights under this Security Instrument, including, but not limited to, attarneys' fees, property inspection and valuation fees. In regard to any other fe�s, the absence of express authority in this Security Instrument to charge a specific fee to Borrowcr 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. IFthe Loan is subject to a law which sets maximum loan charges, and that law is finally 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 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 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 have arising out of such overcharge. NEBRASKA--Singlc Family--Fannie MaelFreddie Mac UNIPqRM INSTRUMEN"� 1� 338.2 Page $ of 12 Form 3028 1/Ol � �� r