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2oloo9i14 Security Instrument whether or not the sums are then due. 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, Bocrower 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 ar repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whozn Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall 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 other material impairment of Lender's interest in the Aroperty 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 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest ia the Property or rights under this Security Instrument. The proceeds oF any award ar claim for darnages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Praceeds that are not applied to cestoration or repair of the Property shall be applied in the order provided for in Section Z. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modifcation of amortization af the sums secured by this Security Instrument granted by Lender to Borrowar or 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 commenc� proce�dings against any Successor in Interest of Borrowar or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrurnent by reason of any demand naade by the original Borrower or any Successors in Interest of Bprrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptanca of payments from third persons, entities or Successors in Interest of Borrower or in arnounts 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; Sueeessars and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. Hnwever, 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 convey the co-signer's interest in the Property under the terms of 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 accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject ta the provisions of Section 18, any Successor in Interest of Borrower who assumes Barrower's obligatians under this Security Instrument in writing, and is approved by Lender, shall abtain all of Borrower's rights and bene�ts under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 2�) and bene�t the successors and assigns of Lender. 14. Loan Charges. Lender may char�e Borrower fees for services performed in connection with Borrower's default, for the purpvse of protecting L,ender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that aze exprassly prohibited by this Security Instrument or by Applicable Law. If Che Loan is subject to a law which sets maximum loan charges, and that law is �nally interpreted so that the interest or other loan charges callected 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 diract payment to Borrower. lf 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 NEBRASKA- 5ingle Family - FannieMae/FreddieMac UNIFQRM INSTRUMENT Form 30281/01 Laser Forms Inc. (800) 446-3555 LFI#FNMA3028 aroz Page9 of 13 Initials: T,.