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2oiooss2i 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, Borrawer 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 Instzument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whorn Borrower has a right nf action in regard to Miscellaneous Praceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, cauld result in forfeiture of the Property or other material impairment of L,ender'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 disznissed with a ruling that, in Lender's judgment, precludes farfeiture of the Property ar other material impairment of Lender's interest in the Property or rights under this 5ecurity Instrument. The proceeds of any award or clairn for damages that are attributable to the impairment of L,ender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds thaC are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 1Z. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. L,ender shall not be requirad to cammence proceedings against any Successor in Interest of Borxower or to refuse ta extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reasan of any demand made by the ariginal Borrower or any Successors in InteresC of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments fram 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. doint 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 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 canvey the co-signer's interest in the Property under the terms of this Security Instrurnent; (b) is not personally abligated 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 aceommodations 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 assurnes Borrower'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 skaall not be released frozn Borrower's obligations and liability under this Security Instrument unless Lender agrees tn 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 rnay charge Borrower fees for services perfarmed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited tn, attarneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of expxess authority in this Security Instrument to charge a specific fee to $orrower shall not be canstrued as a prohibition on the charging of such fee. I,ender may not charge fees that are expressly prohibit�d by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximuxn loan charges, and that law is �nally interpreted so that the interest or other loan charges collected or to be collected in connection with the I.oan exceed the pern�itted limits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Barrower which exceeded pernnitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by z�aking 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 paynnent to Borrower will constitute a waiver of any right of action Borrower might have arising aut of such overcharge. 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 Barrower's notice address if sent by other means. Notice to any one Borrower sha11 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. Boxrower shall promptly notify Lender of Borrower's change of address. lf Lender specifies a procedur� for reporting Bonrower's change of address, then Borrower shall only report a change of address through that specified procedure. There nnay b� only one designated notice address under this Security Instrument at any one time. Any notice tn Lender shall ba given by delivering it or by mailing it by �rst class mail to Lender's address stated her�ein unless Lender has designated anather address by notice to Barrawer. Any notice in connection with this Security Instrument shall not be deemed to have been given to L.ender until actually received by Lender. Jf any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law z'equirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by fetleral law and the law of the jurisdiction in which the Froperty is located. All rights and abligations contained in this Security Instrument are subjecC to any requirements and limitations of Applicable Law. Applicable Law might �Sy �~ � -- N��RASKA--Single Family--Fannie Mae/�reddie Mac UNIFORM INSTRUMENT - MERS DOCMagIC 0� 800-649-f362 Form 3028 1/01 Page 7 of 11 www.docmagic.com Ne3Q28.mzd.xtnl