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<br />immediately 6efore the partial taking, destructian, ar lass in value, unless Borrower and Lender otherwise agrae in writing, the
<br />Miscellaneous Proceeds shall be applied to the sums sccured by this Security Instrument whether or not the sums are then due.
<br />Cf the Prpperty is abandoned by Borrower, vr if, after notice hy T.ender to Borrower that thc Opposing Party (as defined in the
<br />next sentence) offcrs to ntake an award ta settic a claim fvr damages, Borrowcr fails to respond to I.ender within 30 days aRer
<br />the date the notice is given, Lcnder is authorized to collect and apply the Miscellaneous Arocccds either to restoration or rcpair
<br />af the Property or to the sums secured by this 5ecuriry Inxtrument, whether ar not thcn due. "Opposing Aarty" means the third
<br />party that owes Barrowcr Misecllancous Procccds or the party against whom BUrrower has a right of action in regard to
<br />Miscellaneous Proceeds,
<br />Borrowcr shall bc in default iFany action or proceeding, whcther civil or criminal, is begun that, in Lender's judgment,
<br />could result in forfeiture of the Property or othcr material impnirment of Lcnder's interest in the Prpperty or rights under this
<br />Security Instrument. �arrowcr can cure such a dcfault and, if acce{eratian has accurred, reinstate as provided in Section 19, by
<br />causing the action or proeeeding to be dismissed with a ruling that, in I.ender's judgmcnt, prccludes forfeiture of the I'roperty
<br />or other material impairment oF 1.ender's interest in the Property or rights under this Security Instrument. T�ie proceeds of any
<br />award or claim for damages that are attrihutable to the impairment of Lender's interest in the Property arc hereby assigned a►id
<br />shall be paid ta I,ender.
<br />All Miscellaneous Procceds thnt are not applied to restoration or repair pf thc Property shall bc applied in the ordcr
<br />provided for in 5ection 2.
<br />lZ, Borrqwer Not Rcleased; Forbearance By I,ender Not a Waiver. �xtension of the time for paymcnt or
<br />modification of' amortization of the sums s�cured by this Security Instrument granted by I.ender to Horrower ar �ny Succcssor
<br />in lnterest of I3orrnwer shall not operate to relcasc the liability pf Borrower or any Successors in Interest of Horrower, Lcnder
<br />shall not ba required to commence proccedings against any 5uccessor in Cnterest of Borrower or to refuse to extend time for
<br />payment or othenvisa modify amnrtization of the sums aecured by this Security Instrurnent by reason of any demand made by
<br />th� origin�l Borrower or any Successors in tnterest of Borrower. Any forbearance by Lcnder in exercising any right ur remedy
<br />including, without lirnitatron, Lcnder's acceptance of' payments fram third persons, entities or Successors in Interest of
<br />Borrower or in amounts less than the amount then due, shall not be a waiver of ar preclude the exercise of any right or remcdy,
<br />13. Joint �nd Several Liability; Cn-signers; Successnrs and Assigns Boand. T3orrawer cavcnants and agrees that
<br />Borrower's obligations and liability shall be joint and several. Hawever, any Barrower whp ca-signs this Security Instrument
<br />but does not execute the Note (a "co•signer"): (a) is co-signing this Sccuriry Instrument only to mortgage, grant and convey the
<br />co-signer's interest in the Property under the terms of this Security [nstrument; (b) is nat persvnally obligated ta pay the sums
<br />secured by this Security Instrument; and {c) agreas that Lender and any ather Borrower can agree to extend, modify, forbcer ar
<br />make any accommpdations with regard tp the terms nf this Security Cnstrument or the Note without the co-signer's consent.
<br />Subject to the provisions of Scctiari 18, any Successor in Tnterest af T3orrower who assumes Borrower's obligations
<br />under this Security Instzument in writing, and is approved by I,cnder, shall abtain all of Borrower's rights and bene�ts under
<br />this Security Instrumcnt. Dorrower shall nat be released from Borrower's obligations and lia6ility under this Security
<br />Instrument unless Lender agrees to such release in writing. The covenants and agreaments of this Security Instrument shall
<br />bind (except as provrded in Section 20) and beneflt the successors and assigns of Lender.
<br />lA. (,pan Charges. Lender may charge Borrower fecs fpr services perforrned in cannection wi[h $nrrower's d�fault,
<br />for the purpose of protecting Lendcr's interest in the Property and rights nnder this Security Instrumcnt, including, but not
<br />limited to, attarncys' fees, property inspection and valuation fees. In regard to any othcr Fees, the absence of expr�ss authority
<br />in this Security Instrument to charge a specific fee to �orrower shall not be construed as a prohihition on the charging of such
<br />fee. C.ender may not charge fees that are expressly prohibited by this 5ecurity Instrument or by Applicable Law.
<br />lf thc Loan is subject to a law which sets maximum loan charges, and that law is finally interpretcd so that thc interest
<br />or pthcr loan charges collected or to be colkected in connection with the Lnan exceed the permittcd limits, thcri: (a) any such
<br />loan �harge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
<br />collected from Borrower which exccedcd permitted lirnits will be refunded to $prrower. Lender may c:hoose ta make this
<br />refund by reducing the principal owed undcr the Nntc or hy making a �lirect payntent to 13orrower. If a refund reducea
<br />principal, the reduction will 6e tr�ated as a partial prepayment without any prepayment charge (whether or nat a prepayment
<br />chArge is provided for under the Note). Borrowcr's acceptance of any such reFund made by diract payment to Barrower will
<br />constihite a waiver af any right of action Borrower might have arising out of such avercharge,
<br />15. Notices. All nutices given by Borrowcr or Lender in cannection with this Security ]nstrument must be in writing.
<br />Any notice to Borrower in connection with this Security Tnstrument shall be deemed to have been given to Borrower whcn
<br />NESRASKA--Single Family--Fannic Mae/Freddie Mac UN1P'pRM INSTRUMhN'1'
<br />4ti+ 338.2 Page 8 oi 12 Form 3028 11U1
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