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201200640 Security Instrument,whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds ar the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding,whethcr civil or criminal,is begun that,in Lender's judgment, could result in forfeiture of the Property ar other material impairment of Lender's interest in the Property or rights under this Securiry Instrument.Bonower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be disaussed with a ruling that,in Lender's judgrnent,precludes forfeiture of the Property or other material impairment of Lender's interest iu the Property or rights under this Security Iiistrument. The proceeds of any a�vard or claim for damages that are attributable to the impairntent of Lender's interest in tlie Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a W aiver.Extension of the time for pa}nnent or modification of amortization of the sums secured by this SecuriTy Instrument granted by Lender to Bonower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower.Lender shall not be required to commence proceedings against any Shccessor in Interest of Borrower ar to refuse to extend time for payment or otherwise modify amortization of thc sums secured by this Security Instrument by reason of any demand made by the original Borrowe��or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,without limitarion,Levder's acceptauce of payments from third persons,entities or Suceessors in Interest of Borrower or in aniounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several.However, any Borrower who co-signs this Seeurity Instrument but does not execute the Note(a"co-signer"): (a)is co-signing this Security Instrument only to mortgage,grant and wnvey the co-siener's interest in Yhe Properry under the tai7ns of tbis Security Insmxment;(b)is not personally obligatcd to pay the snms secured by this Security Instrumcnt;and(c)agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regazd to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under diis Security Instrument.Borrower shall not be released fiom Borrow�er's obligations and liability under this Security Instnunent unless Lender agrees to such release in writing_ The covenants and agreements of this Securiry Instrument shall bind(except as providcd in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for sen�ices performed in connection with Boaower's default,for the purpose of protecting Lender's interest in the Property and rights under tl�is Security Instrument, including,but not limited to,attorneys' fees,prope�ty inspecrion and valuation fees. in regard to auy other fees,tl�e absence of�press authoriry in this Security Insh-ument to charge a specific fee to I3onower shall not be construed as a prohibition on the chazging of such fee.Lender may not charge fees that are e�ressly prohibited by this Securit}�Instrument or by Applicable Law. � 8801126567 8801�28567 NEBRASKA-Single Family-Fannie MaelFreddie M1fac UNIFORM INSTRl1MeNT WITH NERS Form 3028 1/Ot VMP Cy' VMPEA(NE)(1105 Wolters Kluwer Flnancial Servlces Page 1'of 1