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201146590 Security Instrument whether or not the sums are then due. If the Property �s abandoned by Borrower, or i� after notice by Lender to Borrrower Y,hat the Opgosimg Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Bonower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized fio collect and apply the Miscellaneous Proceec)s eifiher to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrawer has a right of action zn regard to Miscellaneous Proceeds. � Borrower shall be in default if any action ar pxoaeeding, whether ci`tiI or criminal, is begun that, in Lender's judgment, could result in forf�iture of the Property or other material i.mpa,irment of Lender's interest in the Properiy ar rights under this Security Instrument Borrower cen cure snch a default and, if acceleration has oceurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impaixment of Lender`s interest in the Properly or rights under this Security Instrumen� The proceeds of atty award or claim for damages that are atiributable to the impaurnent of Lender's interest in. the Property are hereby assigned and sha11 be paid to Lender. All Miscellaneous Pxoceeds that are not .applied to restoration or repair of the Property sha11 be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance �y Lender Not a Waiver. Extension of the time for payment or madification af amorti.zati�n of the .sums secured by this Seci.mty Instavment �anted. by Lender to Borrower or any Successor in Jnterest of Borrower shal.l not operate to release the IiabiIity of'Borrower or any Successors in Tnterest of Borrower. Lender shall not be required to commenoe proceedings against anY Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortzzation of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitatian, Lender's acceptance of payments from third gersons, entities or Successors in Interest of Bonower ar in amounts Iess than the amaunt then dus, shall not be a waiver of or precluda tha exercise of auy right or remedy. � 13. Joiut and Several Liability; Co-signers; Successors and Assigns Bouncl. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and severel.� However, any Borrower who co-signs this Security Insixument but does not execute the Note (a "casigner"): (a) is co-signing this Security Insiruznent only to mortgage, grant and convey the casigner's interest in the Property under the terms of this Security Instrument; (b) is not personally abligated to pay the sums sec�ed by this 3ecutity Instrument; aad (e) agrees that Lender and any other Borrower can agree to extend, moclify, forbear or malce any accommodaxions with regard to the terms of this 3ecurity Instrument or the Note without the oo-signer's consent Subject to the provisions of Section 18, any Successor in Interest of Bozrower who assumes Borrower's obligations under this Security Insfxumeat in writiag, and is approved by Lender, shall obtain a11 of Borrower's rights and benefits uncler this Security Instrument. Borrower sha11 not ba released from B4rrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of fihis 5eeurity Instrument shall bind (exeept as provided in Section 20) aud benefit fhe successors and assigns of Lenfler. 34. Loan Charges. Lender may charge Borrower fees for services perfarmed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under f.his Security Inshument, including, but not limited to, attorneys' fees, propeiiy inspec�ion anct valuation fees. In regard to any other fees, the absence of express authority in this Security.Insfiunent to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. I.ender ma.y not charge fees that are expressly prolubited by this Security Instrument or by Applicable Law. If the Loan is sub3act to a law which sets maximum loan charges, sud that law is finally interpreted so tltat the interest or other loan charges collected or to be collected in connectian with the Loan exceed the permitted linaits, then: (a} any such loan chazge sha11 be reduced by the amount necessary to reduce the charge to the germitted limit; and (b} any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reduciag the principal owed under the Note or by making a direct paymen# to Borrower. If a refund reduces principal, �the reduction wi�i be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under MEBRASKA- Siagle Pamity - FannleMaelFreddleMac UNIF�RMI INSTRUAl1EN1T Fortn 30281f�1 . Laser Forms tr�. {80D) 948 ,�,�� y_ t.�1�FNMAao28 4ro2 !'age9 of13 Initials: _�..�� _..J�T