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2o1ioo37y 1111056962 immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Misccllancous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notic� by Lender to Borrower that the Opposing Party (as detined in the next sentence) offers ta make an award to seule a claim for damages, Borrower fails ta respond to Lendcr within 30 days after the date the notice is given, I.ender is autharized to collcct and apply thc Misccllancous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Tnstrument, whether or not then due, "Opposing Party" mcans the third party thak owes Borrower Miscellaneous Proceeds or the party against whom f3orrower has a right of action in re�ard to Miscellaneous Procecds. 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 af Lender's interest in th� Property or rights under this Security Tnstrument. F3orrawer can cure such a default and, if acccleration has occurrcd, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a rulin� that, in Lender's judgment, precludcs forfeiturc of the Properky or other material impairment of I,ender's interest in the Property or rights under this Security lnstrument. Thc proceeds of any award or claim for damagcs that are attributable to the impainnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Praceeds that are not applicd to restoratian or repair of the Prop�rty shall b� applied in th� order provided tbr in Section 2. 12. Borrower Not Released; Forbearance 13y I.ender Not a Waiver. Extension of the time for payment or �t�odificafion of amortization of the sums secured by this Sccurity Instrument granted by Lend�r to Borrower or any Surcessor in Interest af Borrower shall not operatc to release the liability of Borrower or any Successors in interest of Borrower. Lender shall not be required to commcnce procccdings against any Succcssor in lnterest of $orrower or to reFuse to extend time for payment or otherwise modify amortization ot the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successars in lnterest of Borrower. Any forbearance by Lender in excrcising any right or remedy includin�, without limitation, Lendcr's acceptanca ot payments from third persons, entities or Successors in Interest of f3orrowcr or in amaunts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy, 13. Joint and Sev�ral Liability; Co Successprs and Assigns Sound. Borrower covenants and agrecs thxt Borrower's obligatians and liability shall be joint and several. Howcvcr, any f3orrow�r who co-signs this Security Insfrument but does not execute the Noce (a "co-sisner"): (a) is co-si�nin� this Security Tnstrument only to mort�a�e, �ranc and convey the co-signer's interest in the Property under the tcrms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) a�rees that Lender and any other Borrower can lgree to extend, modify, forbear or make any accommodations with regard to the tcrms of this Security lnstrumcnt or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes Borrawer's obli�ations under this Security Instnimcnt in writing, and is approvad by Lcnder, shall obtain all of Borrow�r's rights and b�n�fits under this Security instrument. Borrower shall not be released t'rom Borrower's obligations and liability under this Security Instrument unless Lender agrees to such rclease in writing. The covenants and agrecments of this Sccurity Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14, Loan Charges. Lender m�y charge Borrower fees f'ar services perf'ormed in connection with Borrower's default, for the purpose of protecting Lender's interest in che Property and rights under this Security Instrument, including, but not li�nited to, attorneys' fees, property inspection and valuatipn fees, In regard to any other fees, the absence of express authority in this Security lnstrumcnt to charg� a specific Fee to Borrower shall not be consiru�d as a prohibition on the charging of such fee. I,ender 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 finally interpreted so thai the interest or other laan charges collectcd or to be collcctcd in connection with thc Loan excccd thc permitted limits, thcn: (a) any such loan chargc shall be reduced by the amount necessary to reduce the char�e to the permitted limit; and (b) any sums already collected from Barrowcr which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note ar by making a direct payment to Borrower, If' a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment chargc is provided for under the Note). Borrower's acceptance of any such refund mlde by direct payment to Borrawer will constitute a waiver of any right of action Borrower mighi have arising out o£ such overcharge. 15. Natices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to F�orrower in'connection with this Security Instrument shall be deemed ta have been �iven to Borrower when NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT � 33R.2 Page 8 of 12 Form 3028 1/01