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201206855 Secunty Instrument, whether or not then due. "Opposing ParYy" means [he third party that owes Bonower Mis�cellaneous Proceeds or the party against whom Borrower lias a right of action in regard to Misce(laneous Proceeds. Bm�rower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Properly or other maYerial impairment of Lender's inYerest iu the Property or rights under this Sccurity instrument. Borrower can cure such a default aod, if acceleration has occurred, reinstate as provided in Section 19, by causing fhe action or proceeding to Ue dismissed witl� a ruling that, in Lender's judgment, precludes forfeiture of the Property or othcr material impairment of Lender's interest in [he Property or rights under this Security Instrument Thc proceeds of any award or claim for damages[ha[are attributable to the impairmenf of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miseellaneous Proceeds tl�at are nut applied to restoration or repair of Yhe Property shall 6e appLicd in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lentler Not a Waiver. Extension of the time for paymcnt or moditication of amortization of the sums secured by Chis Security lnstrumenY granted by Lender fo Bm�rower or any Successor in Intcrest of Borrower shall �ot operate to release the IiabiliEy of Boerower or any Successors in In[erest of Bmrower. Lender shall not be required to commence proeeedings against any Succeseor in Interest of Borrower or Co refuse to extend time for payment or otherwise modify amortiurtion of the sums secured by this Security Instrument 6y reason of any demand made by the m'iginal Borrower or any Successors in lnterest of Bon�ower. Any forbcarance by Lender in excrcising any right m� remedy includ'u�g, without IimitaYion, L,ender's acceptance of payments frmn third persons, entities or Successors in Interest of 13orrowcr or in amounts less than the amouut Lhen due, shall 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 agrees that 13orrower's obligations and lia6ility shall bejoin[and several. However, any Borrower who co-sigus this Security Instrument but does not execute the Note(n"co-signer"): (a) is co-signing this Security Instrument only to mortgage, gant and convey the eo-signcr's interest in the Property undcr the terms of fhis Security Instrument; (b)is not personally obligated to pay the sums secured by this Security Instrament and (c) agrees that L,ender and any other Borrower cen agree to extentl, modify, furbear or make any accommodntions with regard Lo the ferms of this Securiry lnstrument or the Note without the co-signer's consenl. Subject to the provisions of Section 1R, any Suecessor in Intcrest of Borrower who assumes Borrowei°s obligations under this Securily lnstrumenY in writing, nad is approved by Lender, shall obtain all of Borrower's rights and benefils under this Secw�ity Instrument. Borrower shall not be released from Borrower's obligations and liability under this Secu�ity Instrmnent unless Lender agrees to such release in wriTi��g. The covenanYs and agreemcnts of fhis Security lnsh'ument shall bind(except as provided in Seetiai 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Bm�rower's defzult, for thc purpose of protecting Lender's interest in the Property and rights under this Security l�strument, including, but not limited to, at[orneys' f'ees, proper[y inspection and valuation fees. I��regard to auy olher fces, the absence of express autliorify in [his Security lnstr'ument W chzvgc a specitic fee to Borrower shall not be conshued as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicahle Law. eeaix�sa�a nooivsa�a NEBRASKA�SingleFamfry-FannleMaelRetltlieMacUNIFOFM INSTRI1AfiENTWITHMERS Porm30281101 VM P 0 VM P6A(NEJ(tt05) W olf c�s Kluw er Flnanolal Services Page�� ot 1 Y