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201201354 Security Inslrume�t, whether or not thcn due. "Opposing Party" ineans Yhe fhird party that owes Borrower Miscellaneous Proceeds ox ihe pu�ry against whom Barrower hae a right of'action in regard to Miscellweous Proceeds. Borrower shall be in defaulf iPany action or pinceeciing, whather civil or criminal, is begun that, in I.ender's jndgme�rt, could result in fafciturc of the Properry or other material impairnicnt of Lender's iutuest in the Property or rights nndcr this Security Insrivment. Borrowcr can cure duch n default and, if acceleraYion has occurred, reivstate as provided in Section t9, by causing tlle action or proceeding to be dismissed witli a ruling tl�at, in Lendex's judgment, precludes forfeiture of the Properry or other material imyairniciit of Lender's iuterest iu the Property or rights uuder this Security instrumcnt. The proceeds of a�ry award or claim for dainages lhttt are attributable to the impainnent of Lcnder's interest in the Properry are hereby assignecl and shall be paid to Lender. All Miscellaneous Proccais that are not applied Yo restoration or repair of the Property shall be applied in the order providcd for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extc�ision of the time fur payment or modificauon of amortizatiou of tlie sums secured by this Securiry Iustrumcnt granted by Lender ro Borrower or any Succcssoe i��Interest of F3orrower shall not operatc to release the liabiliry of Borrower or any Successors iu lnterest of Borrower. Lender shall noc be required to commence proceediugs agaiust any Stccessor in Tnterest of Borrower or to refuse to exCend time for paytncnL or olherwise modify amorti�ation of the sums sccured by this Security instrument by rcason of any demand made by the original Sorrowcr or any Successars in InYerest of Borrowcr. Any forbearance by Lender in exercising any eight or remedy including, withouf limitation, Lender's acceptauce of payments from third perbous, enCities or Successors in Interest of Rorrower or in amounts less than ehe amount then due, shall no[be a waiver oF or preclude the exercisc of aoy right or remedy. 13. Jaint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrees Eh¢t Borrower's obligations and liabilify shall be joint and scvernL However, any I3orrower who co-si�is this Securily Instrument but does not cxecule lhe No[e(a"co-signer"): (a) is co-si�iing this Securiry Instrument only to mortgage, grant and convey the co-signer's interest i�i ihe Property under the terms of this Security Instrument; (b)is not personally obligatcd to pay tl�e sums secured by this Security Inshvmci�t and(c) agrees that Lender and airy othcr Borrower cnn agree to e�t'.end, modify, forbcar or inake any accummodations with regard to Ehe terins of Lhis Security InsCrnment or die Notc without Lhe co-signer's causenl. Subject Co the provisions of Section 18, any Successor in intcrest of Borrower who assumes Borrower's obligations u�dci Chis Security InsYiument in writing, and is epproved by Lender, shall oUtain all of Bortower's rights and benefi[s under fllis Suztriry InstramenL Rorrower sUall not be released fi'om Borrower's obligations and liability nnder this Securiry instrument unlcss I.ender agrees to such release in writing. Tlic covennnts and agreements of this Sccuriry lostrument shall bind(except as provided in Scction 20)and benefit the successors and assigns of Lender. 14. L00n Charges. Lender may charge Borrower fecs for scrvices performed in conneetion wifh Borrowcr's default, for fhe pucpose of protecting Lendex's interest iu the Propexry and rights undex this Securiry 7nstrument, ineluding, but not limitcd[o, atLOrneys' fees, properCy inspection and valua[ion fces. ln regard fo any other fees, the abseuce of express authority iv this Security Instmnieiit to cbarge a specifie fee to Borrowe��shall�ut be eonstrued as a prohibition on thc charging uf such fee. Lender may noY charge fecs fhat are expressly prohibifed by this Sccuriry Instmment or by Applicable Law. B001151929 8801151929 NEBRASKA-Single Famlly-Fann�ie M aclFreCtlie M ac U NIFORM IN STRIIM ENT W iTH M ERS Form 3028 110� �Mp� VMPfiA(NE)(1105) W olters Kluw er Fimncial Services Page�� of�] �\� V V