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2oioo9594 rii�oss6aa immediately before the partial takin�, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall ba appli�d to the sums secured by this Security instrument whether or not th� sums are then due. lf the Property is abandaned 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, Borrower f'ails to respond to Lender within 30 days after the date the notice is given, Lender is authorized ta collect and apply the Miscellancous Procceds either to restoration or repair af 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 whom Borrower has a right of action in r�gard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil ar criminal, is begun that, in Lender's judgment, could result in forf�icur� 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 acceleratian has occurred, reinstate as provided in Sectian 19, by causing the action or proceeding to be dismissed with a ruling thaf, in Lender's judgment, precludes forfeiture of the Property or othcr material im�airment of Lender's interest in lhe Property or rights under this Security instrument. The procecds of any award or claim for damages that are attributable to the impairment of I,ender's inierest in the Property are hereby assigned and shall be paid to l�ender. All Miscellaneous Aroceeds that are not applied to restaration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance Sy I,cnder Not a Waiver. Extension of the time for payment or mudification of amortization of the sums secured by this Security Instrument �ranted by Lender to Borrowcr or any Successor in Tnterest of Borrower shall not operate to release the liability of Borrowcr or any Successors in Interest of Borrowcr, Lender shall not be required to commence proceedings against any Successor in inierest of Borrawer or to refuse ta extend time for payment or otherwise modify amortization af the sums secured by this Sccurity Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by L�nder in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Tnterest of Borrower or in amounts less than the amount then due, shall not be a waiver of ar preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successars and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who ca-signs this Security lnstrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security instrument only to mortgage, grant and convey thc co-signer's interest in the Property under the terms of this Security lnstrumcnt; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrecs that Lender and any other Borrower can agree to extend, modify, forbear or make any accommndations with regard to the terms of this Security Instrument or the Note without the co-signer's cansent, Subject to the provisions of Scction 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security lnstrumcnt in writing, and is approved by Lender, shall obtain all of Borrowcr's rights and benefits under this 5ecurity Tnstrument. Borrower shall not be released from Borrowcr's obligatians and liability under this Security Tnstrument unless Lcnder agrces to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Sectinn 20) and benefit the successors and assigns of Lender. 14. Loaa Charges. Lcndcr may charge Borrower fees for services perfarmed in connection with Borrower's default, for thc purpose of' protecting Lender's interest in the Property and rights under this Security Instrument, including, but nat limited to, attorneys' fees, property inspection and valuation fecs. ln re�ard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lend�r may not charge fees that are expressly prohibited by this Security instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is tinally 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 nccessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrowcr which exceeded permitted limits will be refunded to Borrower. L�nder 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 reduccs principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for undcr the Note). Borrower's acceptance of'any such refund made by direct payment to �orrower will constitute a waiver of any right of action Borrawer might have arising out 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 Sccurity Instrument shall be deemed to have been given to Borrowcr when NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT � 338.2 Pagc 8 of l2 Form 3028 1/Ol