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201009595 1111056861 Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums s�cured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceads shall be applied to the sums secured by this Security Instrumenc whether or not the sums are than due. If the Property is abandoned by Borrower, or if, after notice by I.ender to Borrower that the �pposing Party (as defined in the ncxt sentence) offcrs to make an award to settle a claim for damagcs, Borrower fails to respond to Lender within 30 days after the date the notice is given, I.ender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or rapair of the Property or to the sums secured by this Security lnstrument, whether or not then due. "Opposing Party" tneans the third party that owes Borrower Miscellaneous Aroceeds or the party against whom Borrower has a right of action in regard to Misccllancous Procceds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's jud�ment, could result in forfeiture of the Property or other material irnpairment of Lender's interest in the Property or rights undcr 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 judgm�nt, prccludes forfeiture of thc Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages fhat are attributable to the impairment of L�nder's intcrest in the Property arc hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoratian or repair of the Property shall be applied in the order provided f'or in Section 2. il. Borrower Not Released; Forbearance By Lender Not a Waiver. �,xtension of the timc for payment or moditication of amortization of the sums secured by this Security Instrument �;ranted 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 f3orrower, Lendcr shall nqt be required to commence proceedings against any Successpr in Interest pf Bprrpwer pr to refuse to extend tiir�e for paymeni or otherwise modify amortization of the sums secured by this Security instrum�nt by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercisin� any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entitics or Successors in lnterest of Borrower or in amounts less than the amount then due, shall nat be a waiver aF or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Sound. Borrower covenants and a�;rees that Borrower's obligations and liability shall be joint and several, Hawever, any Barrower wha ca-signs this Security Instrumeni but does not execute th� Note (a "co-signer"): (a) is co-signing this 5ecurity Instrument only to mortgage, grant and canvey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay th� sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, madify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 1 R, any Successor in Interest of Borrow�r who assumes Bnrrowcr's obligations undcr this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security instrument. Borrower shall not be released frorn Borrow�r's obligations and liability under this Security Instrument unless Lender agrecs to such rcicasc in writing. The covenants and agreements of this 5ecurity instrument shall bind (except as provided in Section 20) and bene�t the successors and assigns of Lender. 14. Loan Charges. Lendcr may char�e Borrower fees for services �erformed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security lnstrument, including, but not limitcd to, attorncys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this S�curity Instrument to charge a specific fee to Borrowcr shall not be construed as a prohibition on the chargin�; of such fee. Lender may not charge fees that are expressly prohibited 6y this Security Tnstrument 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 ather loan charges collected or ta be collected in cannection with the Loan exceed the permitted limits, th�n: (a) any such loan char�e shall be reduced by the amount necessary to reduce the charge to the permitt�d limit; and (b) any sums already collected from Borrower which excceded 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 direct payment to Borrow�r. If a rcfund reduces principal, thc reduction will be trcatcd as a partial prepayment without any prepayment charge (whether ar not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to $orrower will constitute a waiver of any right of action Borrower might have arising out of such ovcrcharge. 15. Notiees. All notices given by f3orrower or Lcnder in connection with this 5ecurity Instrument must be in writing. NEBRASKA--Singlo Family--Fannie Mae/Freddte Mac UNIFORM [NSTRUMENT � 338.2 Puge R of 12 Form 3028 1/Ol