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2Q�ioo3sti iiiios�o�s immediately before the partial taking, destruction, ar loss in value, unless Borrower and Lender otherwise agree in writing, thc Miscellaneous Proceeds shall be applied to the sums securcd by this Security Instrumcnt whether or not the sums are then due, if the Property is abandoned by Borrower, or if, after notice by Lender ta Borrower ihat the Opposing Party (as defin�d in the next sentence) offers to make an award to settle a claim far damages, Bon•ower fails to respond co Lcnder within 30 days after the date the notice is givcn, Lcnder is authorized to callcct and apply the Misccllancous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposin� Party" means khe third party that owes Borrow�r Misccllaneous Proceeds or the party a�ainst whom Borrower has a right of action in regard to Miscellaneous Procecds. $orrower shall be in default if any action or proceeding whether civil or criminal, is bcgun that, in Lender's judgment, could result in forfeiture of the Property or other macerial impairment of Lender's intcrest in the Property or rights under this 5ecurity Insfrumcnt. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section l9, by causing the action or procceding to be dismissed with a ruling that, in Lender's judgment, preciudes forfciture of the Property or otlter matcrial impairment of Lender's interest in the Prop�rty or rights under this Security Instrument. The proceeds of any award or claim for dama�es that are attributablc to the impairmant of Lcnder's interesi in ih� Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that arc not applied to r�storation or repair of thc Property shall be applied in the order provided for in Section 2. I2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension pf the time for payment or modification of amortization of.� the sums secured by this Security Instrument granted by Lender to Borrower or any Succcssor in Interest af Borrower shall not operate to release thc liability of f3orrower or any Successors in Interest of Borrower. Lender shall not be required to commence procccdings against any Successor in Interest of Borrower or to refiise to extend time for payment ar otherwise modify amortization of the sums secured by this Security instrument by reason of any dcmand made by the original f3orrawer or any Successors in interest of Borrower, Any torbearance by Lender in cxercisin� any right or remedy including, without limitation, Lender's acceptance of paym�nts from third persons, entities or Successors in Interesf of Bonower or in amounts less than the amount ihen duc, shall not be a waiver of or preclud� the exercise of any right or remedy. l3. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower cov�nants and a�rees that Borrowcr's abli�atioits and liability shall be joint and several. However, any Borrower who co-si�ns this Security Instrument but does not executc the Note (a "co-signer"): (a) is co-signing this 5ecurity Instrument only to mortgagc, grant and convcy the co-signer's interest in the Property under the tenns of this Security lnstrutnent; (b) is not personally obligatcd to pay the sums sccured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modiFy, forbear or make any accammodations with regard to the terms of this Security Instrument or the Notc without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations undcr this Security Instrument in writing, and is approved by Lender, shall o6tain all of Borrower's rights and bene�ts undcr this Security lnstrument. Borrower shall not be relcased from Borrower's obligations and liability under this Security lnstrument unless Lender agrees to such relcase in writing. Thc covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for scrvices perfonned in connectipn with E3orrower's default, for the purpose of protecting Lender's intcrest in the Property and rights undcr this Security Instrument, including, but not limited to, attorncys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authprity in this Security Instrumcnt to charge a specific fee to Borrower shall not be construcd as a prohibiiion on the charging of such fee. Lender may not char�e fees that arc cxpressly prohibitcd by this Security lnstrument or by Applicable I,aw. lf the Loan is subjcct to a law which sets maximum loan charges, and that law is finally interpreted so that the int�rest or other loan charges collected or to be collected in conncction with the I,oan exceed the permitted lirnits, then: (a) any such loan charge shall bc reduced 6y the amount necessary to rcduce the charge to the permitted limit; and (b) any sums already collected from Borrower which excccded permitted limits will be refunded to Borrower. Lender may choose to make this refund by raducing the principal owed under the Note or by making a direct payment to Borrower, If a refund reduces principal, tllc reduction will be trcated as a partial prepayment without any prepaymenY charge (whether or not a prepayment char�e is pravidc�d for under the Note). Borrower's acceptance of any such rcfund made by direct payment to Borrower will canstitute a waiver of any right of action Borrower might have arising out of such overchargc. 1S. Notices. All notices given hy I or Lender in connection with this Security Insirument must be in writing. Any notice to F3orrower in connection with this Security Instrument shall be dcemed to have been given to Borrowcr when NEBRASKA--Singlc F�imily--Fannie Mae/Freddie Muc UNIFORM INSTIiUMF.NT � 338.2 Pa�e 8 nf 12 P'orm 3(12R 1/01