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�� .'� � 2'7 2 4 5ecurity Instnunent, whether or not then due. "Opposing Party" mea�ns the third pariy t.Y►at owes Borrower Miscellaneous Proceeds or the pariy against whom Borrower has a right of action in regard to Miscellaneous Praceeds. Borrower shall be in default if any action or proceeding, whethar civil or criminal, is begun that, in Lender's judg�nt, could result in forfaitura of the Properiy or other matarial impairment of Lender' s interest in the Property or rights under this Se�urity Instrument. Borrower can cure such a default and, if acceleration has accurred, reinstate as provided in Section 19, by causing the action or proceeding to be disrnissed with a ruling that, in Lender' s judgment, pr�ludes forfaiture of the Property or other material impairment of L,ender's interest in the Properiy or rights under this Security Instrwnent. The proceeds of any award or claim for damages that are atkributable to the impairment of Lender's interast 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. Emeasion of the time for payment or modification of amortization of the sums s�ured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Horrower or any Successors in Interest of Borrower. Lender shall not be required to commence proc�edings against any Successor in Interest of Borrower or to refuse to extend time for payment or othervvise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Boaower or any Successors in Interest of Horrower. Any forb�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. Joirrt and Several LJability; Casigners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability sha11 be joint and several. However, any Borrower who co-signs this Sacurity Instrument but does not exe�ute tha Note (a "co-signer"): (a) is co-signing tlus 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 s�ured by this Security Instrument; and (c) agr�s that Lender �d any other Borrower c�n agree to extend, modify, forbeaz or make any accommodarions with regard to the terms of tlus S�urity Instrument or the Note without the co-signer' s consent. Subject to the provisions of Section 18, any Successor in Interest of Boaower who assumes Horrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Sec�uity Instnunent. Bonower sha11 not be releasefl from Borrower' s obligations and liability under tlus Security Instrument unless Lender agrees to such release in writing. The covenants and agr�ments of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charg�. Lender may charge Borrower fees for sarvicas performed in connection with Borrower's default, for the purpose of protecting Lender' s interest in tha Proparty and rights under ttris Security Inshvment, including, but not limited to, attomeys' fees, proparty inspe�Uon and valuation fees. In regard to any other f�, the absence of express authority in this Se�urity Inatrument to charge a spe�ific fee to Honower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicebla Law. ypppZq4yqp D VBANE NEBRASKA-Single FemOy-Fannie M�/Freddie Mac UNIFORM INSTRUMENT WtTH MERS Form 3038 1l01 VMP (q1 VMPBA�NE) (1106) Woke►s Kluw� Flnandal Servfces Page 11 of 17