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20120606� Security Ins�nt, whether or not then due. ��Opposing part3 means the third party that owes Boaower Miscellan�us Proceeds or the pariy against whom Borrower has a right of action in regard to Miscellan�us Proceeds. Borrower shall Ue in default if any action or proc�ding, whether civil ar criminal, is begun that, in Lender's judgment, could result in forfaiture of the Property or other material inapairment of Lender' s interest in the Property or rights under this Sacurity Instrument. Borrower c�n cure such a defa.ult and, if acceleration has occurred, reinstate as provided in Section 19, by. causing the action or proc�eding to be dismis�ed with a ruling that, in I.ender' s judgment, precludes forfeitura of the Properiy or other material impairment of I,ender's interest in the Properly or rights under this Security Inslrument. The proceeds of any award or claim for damages that are attdbutable to the impaiiment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellan�us Prac�s that aze not applied to rastoration or repair of the Property ahall be applied in the order provide� for in Section 2. 12. Borrawer Not Releas�d; Forbearance By Lender Not a Waiver. Extension of the time for payment or �dification of amortizastion of the simns secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any Successors in Interest of Bonower. Lender sha11 not be r�uired to commence praceedings against any Successor in Interest of Borrower or to refuse to extend ti�e for payment or otherwise modify amortiiation of the sums secured by this Security Inslivment by reason of any demand made by the original Borrower or any S� in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitaxion, Lender' s acceptance of payments from third persons, entities or Successors in �nterest of Bonower or in �unts less than the a�unt then due, shall not be a waiver of ar preclude the exercise of any right or remedy. 13. Joirrt artd Several LlabilHy; Co-sigrr�ers; Su�ors and Assigr� Bound. Borrower covenants and agrces that Borrower's obligations and liability shall Ue joint and several. However, any Bonower who co-signs this Security Instrument but does not executa the Nota (a "co-signer"): (a) is co-signing tlus Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Ins�ent; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any oth� Borrower can agree to extend, modify, forbear or make any accom�adations with regard to the terms of this Security Insl�ent or the Note without the co-signer' s consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Boaower's obligations under ttris Sacurity Instrument in writing, and is approved by Lender, sball obtain a11 of Borrower' s rights and benefits under tlus Security �ns�nt. 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 agr�ts of tl�is Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Laan Charg�. Lender may charge Borrower fces for servic� performed in conne�tion with Borrower's default, for the purpose of protecting Lender' s interest in the Property and rights under this Security Instrumeat, including, but not limited to, attorneys' fees, property inspe�tion and valuation fees. In regard to any other fees, the absence of express authority in tlus Security Instrument to chazge a specific fee to Bonower sball not be construed as a prolu'bition on the charging of such f�. Lender may not charge f�s that are expressly prolubited by tlus Sacurity Instrument or by Applicable Law. NEBRASKA-Shigle Fam�y-Fannle Mae/Freddie Mac UNIFOAM INSTRUMENT WITH�MER3� Form 3038 VMPBA(NE) (1706) Wolteis Kluwer Fh�ndal Servbes Page 17 oi 77