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2p12041�9 <br />Security Instrument, wheu�er or not then due. "Opposing Party" means the third party that owes Bonower <br />Miscellaneous Proceewls or the party against whom Borrower has a right of actian m regarci to Miscellaneous <br />Proceeds. <br />Borrower shall be in default if any achon or proceeding, whether civil or criminai, is begun tbat, in Lender' s <br />�udgm�t, could result in forfeiture af the Property or other material impa�rment of Lender's �aterest in the <br />Property or rights under this S�urity Inslxumen� B�nower can cure such a default anci, if accelerahon has <br />occurred, reinstate as provialed in Sedion 19, by causing the action or proce�ing to be dism�ssecl with a <br />ruling ti�at, in Lender's judgment, pre,cludes forfeiture of the Property or othe� matenat impaument of <br />Lender's interest in the Praperty or rights uader this Secunty Instr�ment. The proceeds of any award or <br />ciaim for damages that are attnbutable to the impairment of Leader's interest in the Property are �ereby <br />assi�nned and shall be paid to Lencier. <br />All Miscellan�us Froceeds tt►at are not applied to restorahan or repair of the Property st�all be applied in <br />the oMer provided for in Section 2. <br />12. Borrower Not Relea�ad; Forbearanc� By Lender Not a Waiver. Extens�on of the time for payment ar <br />madification of amortization of the siuns secured by this Security Instru�nt granted by Lender to Borrower <br />or any Suc�cessor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors m Intere,st of Borrower. Lender shall not be required to comtxience praceedings against any <br />Sticcessor in Inteaest of Bosower or to refuse to extend time for payment or othezwise modify amortization <br />of tbe sums se�ured by this S�urity Instrument by reason of any demand made by the original Borrower or <br />any Su�rs m Inter�t of Borrower. Any forbearaace by Lender in exercising any nghi or remedy <br />inciuding, witiwut limitation, Lender's acceptance of payments from thirci persons, entiti� or Successors in <br />Interest of Borrower or in amoums less than the amount then due, shall aot be a waiver of or pre�clude the <br />exercise of any rigpt or remedy. <br />13. Jolrrt and Several lliabil�yt; Casigners; Succ�ors and Assigr�s Bound. Borrower cwenants and <br />agrees tt�at Barrawer's obligations and liability shall be joint and �v�al. However, any Borrower who <br />co-signs this Securiiy Instrument but daes not execute the Note (a "co-s�gaer"): (a) is co-signing this <br />Secnrity Instrument on�y to mortgage, grant and «�nvey ttie co-si�er's iaterest in the Properby under the <br />terms of this Security Instr�ment; (b) is not pasonally obiigated to pay the sums secured by this Security <br />Instrument; and (c) agre� that Lender and any other Horrower can agee ta extend, modify, forbear or melce <br />any accommodaxions with regard to the ternos of this Ser.unty Instrument or the Note without the co-signe� s <br />consent <br />Subject to the provis�ons of Section 18, any S�ccessor in Interc�ct of Borrawer who assumes Borrower` s <br />obligations under tlus Security Instrument m writing, and is approved by Lender, shall obta�n all of <br />Borrower's rigtits and benefits under this Security Inst�vment. Bonower shall not be rei� from <br />Borrower's obligations and tiabitity under t�is Secunty Instrument uni�s Lender agrees to such release in <br />writing. The covenants and agr�ments of this Se�urity Instrument shall bind (except as pravide�l in Sechon <br />20) and henefit the successars and a�signs af L$nder. <br />14. L�oztn ChargBS. Lea�der may charge Boaower fees for services performed in oonnection with Borrower` s <br />defauit, far the purpase of protechng T.ender's interest in the Properiy and nghts under this �urity <br />Insirument, inciuding, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to <br />any oit►er fees, tire absence of express authority in this Secunty InsWment to ctiarge a s�ecific fee to <br />Borrower s�all not be construeci as a prohibition on the chargrn� of such fee. Lendcr may not d�arge f�s <br />that are expressly prohibited by tius Security Instrument or by Applicable Law. <br />??A0263440 <br />I�BRASKA-Single PamUy-F�nfe MaedFteddie Mac UI�UFOFNR IMSTRUMENT WITH MERS <br />WWt�s Kluwer Flnantlal Services <br />D V6ANE <br />Fmm 30�8 1101 <br />VMP8A1NE1 (11081 <br />Pege 11 of 17 <br />�� <br />