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201�040�� urity Instrument whether or not the sums are then due. If the Property is abandoned by Bonower, or if, after notice by Lender to Bonower that the Opposing ty(as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to �ond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this urity Instrument, whether or not then due. "Opposing Party" means the third party that owes Bonower �cellaneous Proceeds or the party against whom Bonower has a right of action in regard to Miscellaneous Bonower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in .ender's judgment, could result in forFeiture of the Property or other material impairment of Lender's interest n the Property or rights under this Security Instrument. Bonower can cure such a default and, if acceleration ias occuned, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a uling that, in Lender's judgment, precludes forFeiture of the Property or other material impairment of ,ender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim br damages that are atttibutable to the impairment of Lender's interest in the Property are hereby assigned and hall be paid to Lender. All Miscellaneous Proceeds that a.re not applied to restoration or repair of the Property shall be applied in he order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment �r modification of amortization of the sums secured by this Security Instrument granted by Lender to 3orrower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any iuccessors in Interest of Bonower. Lender shall not be required to commence proceedings against any >uccessor in Interest of Bonower or to refuse to eartend time for payment or otherwise modify amortization of he sums secured by this Security Instrument by reason of any demand made by the original Borrower or any �uccessors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, vithout limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of 3orrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any ight or remedy. 13. Joint and Several Liability; Co-signers; 5uccessors and Assigns Bound. Borrower covenants and �grees that Bonower's obligations and liability shall be joint and several. However, any Borrower who ;o-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security nstrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this �ecurity Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any �ccommodations with regard to the terms of this Security Instrument or the Note without the co-signar's Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Bonower's igations under this Security Instrument in writing, and is approved by Lender, shall obtain all of rower's rights and benefits under this Security Instrument. Bonower shall not be released from rower's obligations and liability under this Security Instrument unless Lender agrees to such release in ting. The covenants and agreements of this Security Instrument shall bind (except as provided in Sectxon and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees for services performed in connection with rower's default, for the purpose of protecting Lender's interest in the Property and rights under this urity Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In �rd to any other fees, the absence of express authority in this Security Instrument to chazge a specific fee to rower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maacimum loan charges, and that law is finally interpreted so that interest or other loan chazges collected or to be collected in connection with the Loan exceed the permitted its, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the mitted limit; and (b) any sums already collected from Bonower which exceeded permitted limits will be inded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note �y making a direct payment to Bonower. If a refund reduces principal, the reduction will be treaxed as a tial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under EBRASKA- Single Family - FannieMae/FreddieMac UNIFORM INSTRUMENT �rm 3028 1/01 iser Fortns Inc. (800) 446-3555 'I#FNMA3028 4/02 Page9 of 13 Initials: �