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201205253 Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the pariy against whom Bonower has a right of action in regazd to Miscellaneous Proceeds. Bonower shall be in default if any action or proceeding, whether civil or criminal, is begun thax, in Lender' s judgnent, could result in forfeiture of the Property 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 acaeleraxion has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ntling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights wnder tlus Security Instrument. The proceeds of any award or claim for damages thax are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellan�us Proceeds that aze not applied to restoration or repair of the Property sha11 be applied in the order provided for in Section 2. 12. Borrower IVot Reteased; Forbearance By Lender Not e W�iver. Extension of the time for payment or modificalion of amortiustion of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower sha11 not operate to zelease the liability of Borrower or any Successors in Interest of Bonower. Lender sha11 not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to e�ttend time for payment or otherwise modify amortization of the suxns secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbeazance by Lender in exercising any right or remedy including, without limit,a.tion,. Lender's acceptance of payments from third persons, enrities or Successors in Interest of Borrower or in amounts less than the amount then due, sha11 not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liabilrty; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Bonower's obligations and liability sha11 be joint and several. However, any Bonower who co-signs this Security Instrument but daes not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer' s interest in the Property under the tenms of ttus Secutity Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accoxnmodations with regazd to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Bonower's obfigations under this Security Instrument in writing, and is approved by Lender, sha11 obtain atl of Bonower' s rights and benefits under tlus Security Instrument. Bonower 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 agre�mments of this Security Instrument shall 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 conne�tion with Bortower's default, for the purpose of protecting Lender' s interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' 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 prolubition on the chazging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. 2200271846 NEBRASKA-Single Fem(fy-Fennfe Mse/Freddie Mec UNIFORM INSTRUMENT WtTH MERS VMP � Wotters Kluwer Finendal Servtces D VBANE Form 30$8 1/07 VMPBAINE) (1106) Pepe 11 W 17