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201202527 Security Instrument, whether or not then due. "Opposing Pazty" means the third party that owes Bonower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regazd to Miscellaneous Proceeds. Borrower sha11 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 Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower 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 awazd or claim for damages that are amibutable to the impairment of Lender's interest in the Property aze 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 Rel�ased; Forbearance By Lender Not a Waiv�r. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower 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 Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums secwed by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. Any forbea,rance 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. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the casigner' s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secwed by this Secwity Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbeaz or make any accommodations with regard to the terms of this Security Instrument or the Note without the casigner'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 Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument sha11 bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regazd to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the chazging of such fee. Lender may not chazge fees that aze expressly prohibited by this Security Instrument or by Applicable Law. 2200235981 D VBANE NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 7/Oi VMP � VMP6AINE) 11106) Woltera Kluwer Financlal Services , d` Pege 11 of 17 d��