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201008945 1098Z848 immediately before the partial taking, destruction, or loss in value, unless Borrnwer and L,�nder otherwise agree in writing, the Miscellaneous Proceeds shall be appliad to the sums secured by this Securiry Insmxment whether or not thc snms are then due. Tf 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, Sarrower fails to resppnd to I.ender within 30 days after the date the notice is given, Lender is authorized to callcct and apply the Miscellaneous Proceeds either ta restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Qpposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against �uvhozn Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower sha11 be in default if any action ar proceeding, whether civil or criminal, is be$un that, in Lender's judgment, could tesult in forfeiture of the Property or other material impainnent of Lendcr's interest in th� 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 procceding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other rnaterial impairment of Lender's interest in the Property or rights undcr this Security Instrument. The proceeds of any awa.rd or claim for dumages that are attributable to the impairnnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Froceeds that arc not applied to restorativn or repair af the Property shall be applied in the order provided for in Section 2. 12. Borrower Nat Released; Forbearance By �,ender Not a Waiver. Extension of the time for payment or modi�cation of amortiza.tion of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Tntarest of Sorrower shall not operate ta release the liability of 13orrower or any Successors in Interest of Bonower. Lender shall not be required to commence proceedings against any Successor in Intcrest of Borrower or to refuse ta extend time for payment or otherwise madify amortization of the sums secured by this Security Instrument by reason of any demand made by tlte original �orrower or any Successors in Interest of Borcower. Any forbearance by Lcndcr in exercising any right or rernedy including, without limitation, Lender's acceptance of payments frora third p�rsons, entities or Successors in Tnterest of Borrower or in arnounts less than the arnpunt then duc, sha(1 not be a waiver of or preclude the exercise of any right ar remedy. 13. Joint and Several Liabilfty; Co-signers; Successors and Assigns Bouad. Borrower covenants and agrees that �Barrower's obligations and liability shall be joint and sevaral. However, Ri1y 50170WEI Whp CO -signs this Security Instrument. but do�s not execute the Note (a "co-signer"): (a) is co-signing this Security Tnstrurnent only tp mortgage, grant and convey thc co-signer's interest in the Property under the terma of this Security Tnstrument; (b) is nnt personally obli�ated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrowcr can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument qr the Note withput ths co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Barrower's obligations under this Security Instrum�nt in writing, and is approvpd by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shalt not be releas�d from Borrower's obligatinns and liability under this Security Inatrument unless Lender agrees to such releas� in writing. The covenants and agreernents of this Security l'nstrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Luan Charge�. Lender may charge 8orrower fees for scrvices performed in conneation with Borrower's default, for the purpose of pr�tecting Lender's interest in the Property and rights under this Security Instrument, including, but nnt limited to, attorneys' fees, property inspection and valuation fees. In regard to eny other fees, the absence of express authority in this Security Instrument tp �harge a specific fee to Borrower shall not be canstrued as a prohibition on che charging pf such fee. Lender may not charge fees that are expressly prohibited by this Security Instrurnent or by Applicable Law. If the Loan is subject to a law which sets maximum lvan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be cpllected in connection with the Loan exceed the perrnitted limits, then: (a) any such loan charge shall be reduced by the amnunt necess$ry to reduce the charge to the permitted limit; and (b) any sums already collected from Borrawer which exceeded permitted limits will be refunded tq Bonrower. Lender may choose to make this refund by reducing the principal qwed under the Note or by making a direct payment to Borr�wcr. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayrnent charge (whether or not a prepayment charge is provided for under th� Note). Borrower's acceptance of any such refund rnade by direct payment to Borrower will constitute a waiver of any right of act'ian Borrower might have arising out of such overcharge. 15. No#ices. All norices given by Barrower or I,ender in connection with this Security Instrument must be in writing. Any natice to Borrower in connectian with this Security Instxument shall be deemed to have becn given to Borrowcr when NEBRASKA—Singla Family—Fanqle MedFreddie Mac UNIFORM 11YSTRUMENT � ��$. Pege 8 •of 12 6/ u � ' � � � "! Form 3Q281/01