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� 201200��:� Security Instrument, whether or not then due. "Opposing Pariy" means the third party that owes Bonower Miscellaneous Proceeds or 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, whether civil or criminal, is begun that, in Lender' s judgment, could result in forfeiture of the Properly or other material impairment of Lender's interest in the Property or rights under this Security 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 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender' s interest in the 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 Waiver. Extension of the time for payment or modification of amorti7ation of the sums secured by this Security Instrument granted by Lender to Bonower or any Successor in Interest of Bonower sha11 not operate to release the liability of Bonower or any Successors in Interest of Borrower. Lender shall not he required to commence proceedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amorti�ation of the sums secured by this Security Instrument by re,ason of any demand made by the original Bonower or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts 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. Bonower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who casigns this Security Instruxnent but does not execute the Note (a "co-signer"): (a) is casigning this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instnunent 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 this 5ecurity Instrument. Borrower shall not be released from Borrower' s obligations and liability under tlus Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and Uenefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Properly and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower sha11 not be construed as a prohibition on the charging of such fee. Lender may not charge fees that aze expressly prohibited by this Security Instrument or by Applicable Law. 8801145731 NFBRASKA-Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP p Woltera Kluwer Financfal Services 8801145731 Form 3028 1/01 VMPBA(N� (1105) Page 1 of 17 � �� / �