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201008944 �y�aoss�yc immediately before thc partial taking, dastruct9on, or loss in value, uniess Bo�rower and [,ender arherwise agree in writing, the Miscellaneous Prpceeds shall be applied to the sutns secuted by this Security Instrumene whether or nat tha sums are then due. If che Property is abandoncd by Borrower, or if, a#ter notice by Lencler ta Borrower that the Opposing Party (as de�ned in the next sentence} offers to make an award to settle a claim for da.mages, Barrower fails to respond to Lendcr within 30 days after die date the notice is given, Lender is authorixed to collect and apply the Miscellaneous Proceeds oither to restoratinn or repair of the Property or to the sums secared by this Security Instrumcnt, whethcr or nat then due. "Dppasing Party" rn�ans the third party that owes �orrower Miscellaneous Froceeds or Ghe party against whom Borrower has a right �f aatinn in regarc! to Miscellaneous Proceeds. Borrawer shali b� in default if any aation or proceeding, whether civil or criminal, is begun that, in Lender's jud�ment, could result in forfeiture pf the Property or other material impairment of Lende�s interest in the Properry or rights undcr this Security Instrurnent. Barrower ean cure such a default and, if acceleration has accurred, reinstate as pravid�d in Section 19, Uy causing che a�tion or proceeding to be dismiss�d with a ruling that, in T..ender's judgment, precludes fqrfc9ture of the Praperty or other materiaE impairrnent af Lender's interest in thc Property or rights u��der th9s Security instrumeiyt, The proceeds oF a��y �ward nr claim for damages that are attributable lo the impairment af Lcnd�r's intcrest in the Property are hereby assi�ned and sh�ll be paid tn Lender. A11 Miscellaneaus Praceeds that are not apptied to restoration or repair of the Property shail be applied in the arder provided for in Sectipn 2. 12. Bowrower Not Released; Forbearance By Lender Not a Wai�er. Extension of the eiine for payment or modi�cation of amortiz,ation of the sums secured by this Security [nstrurnent granted by Lender ta Borrawer or xny Succsssor in Intcrest af Borrower sha11 not operate to release the liability of Borrower or any $uccassars in Interesr of B�n�vwcr. Lender shall not be required ta commence proceedings againat any SuaCessor in Ir�t��est of Barrower or ta refuse to extei�d time for payment or athcrwis$ modify amortiaation vf the sums secured by this Seourity Tnstrume�st by reasan oFany demand made by the original Borrower or any Suocessors in Interest of Bprrowcr. Any farbearance by Lender iri exercising any right or ramedy including, without li�nitation, Lender's acceptance of payn�ents from third persons, entities nr Successors in Incerest of Bo�rower or in amounts less than the amount then dua, shali npt be a waiver of or preclude the exercise of any ►•ight o�• remedy. 13, Joint and Several Liability; Ca-slgner�; Successors and Assigns Boand. Borrower covenants and agrees that �orrowe�'s abligations and liabiliry sha116e jaint and several. Itowev�r, any Borrower wha co-signs this S�curity Instrurnent but doeS not exeCUte the NAt� (� "CO-signer"): (a) is co-signing this 5ecurity Instrument 4nly tb mOrtgago, grant and convey ci�e Co-signer's interest in thC Property undCr the terms nf this Security li�strument; (h) is not personally obligat�d to pay the surns secured by this Security instrument; and (c) agrees that Lender and any athcr $orrower C�n agree to extend, modify, forbear or make any accommndations witta regard to the terms of tliis Security Tnstrument or the Nnto wiChout ehe casigner's epnsent. SubjecC to the provisitsns of Sectinn 18, any SuccGSaor in Interest of Borrower who assumes Borrower's pbligations under this Security CnshuKr►ent in writing, and is approved by Lender, shall obtain all af Borrawer's rights and benefits under tltis Security ,Tnstrument. Barrawer shail nat be released frnm Svrrowe�'s obligations and liability under this Security Instrument unlcss Lender agr�vs tv such relcase in writing. The covenants and agreemcnts of this Security Tnstrument shall hind (except as provided in Section 20) and beneFt thc successors and assigns of Lender. lA. �.oan Charges. I.end�r may charge Bon�awer fees for services perfprmed in connection with Borrower's deFault, for the purpose of protecting C.ender's interosi in thc Pt'aperty and rights under this Security 1nsCrument, including, but not liiniced to, attorr�eys' fees, property inspection and valuation fees, in ragard ta any other fees, the absence af express autharity ip this Security Instrurnent to charge a specific fee tv Bdrrower shall ��pt be onnstrued as a prohibitian on the charging af suah fee. Lender rrsay not charge fees that are ex�ressly prAhibited by this Securiry Instrun�ent or by Applicable Law. If the Loan is subject co e� law wh�eh sets maximum loan charges, and that law is finally interpreted so that the interest ar othcr loan charges collected or to be collected in conneccion with the l,oan exceed the permitted limiCS, then: (a) any such loan charge shall be reduced hy thc amopnt necessary to reduce the charge to the permittdd limit; and (b) any sums already collected from Borrower whiCh exceeded permitted limits will be refund�d to Bvrrower. Lender tttay choose Ca nnake chis refund by reducing the principal owed under thc Nota or by making a direct payment to Boerawer. If a refund reduces principal, the reduotion will ba trc�ted as a pa�•tial prepayment without any prepayment charge (whed�er ar nat a prepay�nent charge is provided for under the Note). Horrowcr's acceptance of any sueh refund macfe by dircct payment to Borrower will constitute a waiver of any right af actian Borrower might have arising out of such overoharge. 15. Notices. All notices given by Barrower or Lender in connection with this Security lnatrumemt must be in writing. Any notice co Borrower in connection with this Security Instrurr�ent shall be deenaed to hava bean gfven tn Borrower wh�n N�BRASKA--Singto Family—Bannir Mxe/Rreddie Mac UiVIt�pRM [N57'RCIMBN? E'�` 338,Z Pnge 8 of 12 Form 3028 1/01