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20120538� Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Bonower Miscellaneous Proceeds or the pariy against whom Borrower has a right of action in regard to Miscellan�us Proceeds. Borrower shall be in default if any acrion 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 Secwity Instrument. Borrower can cure such a default and, if acceleration has occurrer�, 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 award or claim for damages that aze attributable to the impa'vment of Lender' s interest in the Property aze hereby assigned and shall be paid to Lender. All Miscellan�us Proceeds that aze not applied to restoration or repair of the Property shall be appli� in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amorti�ation of the sums s�ured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any Successors in Interest of Borrower. Lender sha11 not be required to commence proceedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amorti�ation of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Suc�ssors in Interest of Bonower. Any forbe,arance 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, sha11 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 agr� 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 co-signer' s interest in the Properiy under the terms of this Security 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 agre� to extend, modify, forbeaz or make any accommodations with regard 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 Borrower who assumes Bonower' s obliga.tions under this S�urity Instnunent in writing, and is approved by Lender, sha11 obtain all of Borrower' s rights and benefits under this Security Instrument. Borrower sha11 not be released from Bonower' s obligations and liability under this Security Instrument unless Lender agrees to such release in writing. T'he 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 protectir►g Lender' s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, properiy 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 prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. 8801229152 8801229752 NEBRASKA-Single Femily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 1/01 VMP 0 VMPBA(N� (1105) Wolters Kluwer Flnenciel Services Pege 1 oi 77 � .V � v�