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201206909 Secwity Instrument,whether or not then due. "Opposing Party"means the third party t6at owes Borrower Miscellaueous Prceeeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Bonower 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 Property or other material impanment of Lender's interest in the Property or rights under this Secwity Instrumeut. Borrower can cure such a default and, if acceleration has occurred,reinstate as provided in Section 19,by causing t6e 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 awazd or claim for damages that aze attaibutable to the impairmeot of L,ender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that aze not applied to restoretion or repair of the Property shall be applied in the order provided for in Section 2. 12. BorrowerNot Released;ForbearanceBy LenderNot a Waiver.Extension of the time for payment or modification of amortization oF the sums secared by this Security lnstrument ganted 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 Borrower. Lender shall not be required to commence proceedings agaiast any Successor in Interest of Borrower or to refuse W extend time for payment or othenvise modify amortization of the sums secwed 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 limitation,Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less thau the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Jointand Several Liability;Co-signers;Successorsand AssignsBound.Bonower covenantsand agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument but does not execute the Note(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 Instrumeut; (b)is not personally obiigated to pay the sums secured by this Secwity Instrument; and(c)agrees that Lender and any other Borrower can agee to extend, modify, forbear or make any accommodatioas with tegard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Sectio¢ 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this Securiry Instrument in writing,and is approved by Lender, shall obtain all of Borrower's cights and benefits under this Security Iastrument. Borrower shall not be released from Borrower's obligations and liabiliry under tlris Security Instrument unless Lender agees to such release in writing. The covenants and agreements of this Secwity Instrument shall bind(except as provided in Sectiou 20)and benefit the successors and assigns of Lender. 14. Loan Charges.Lender may charge Borrower fees for services performed in conuection with Borrower'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 regazd to any other fees,the absence of express authority in this Secwity Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging oF such fee. Lender may not charge fees that aze expressly prohibited by this Security Instrument or by Applicable Law. NEBRASW1SIngle Famity-Fannie MaelFretltlle Mac UNIFORM INSTRUMEM WITH MERS Form 30281/01 VMP W VMPBA(NE)(7105).00 WOHers KluwerFinanciel5ervices Page 11 of 1] III IIIIIIIIIIIIII�IIII IIIIIIIIIIIIIIIIIIIIIIIIIII �� ��_