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201207959 Security instrumei�t, wl�cther or not then due. "Opposing ParCy" means the third party that owes Borrower Miscellaneous Proceeds or Yhe party agaii�st wl�om Borrower has a right of action in regard to Miscellaneous Proceeds. Rorrower shall be in default ifany acfion or proceedii�g, whether civil or criminal, is begun that, in Lender's judgmcnt, could resulf. in forfeitare of the Property or other material impairment of Lender's interest in the ProperCy or righCs under this Sccurity Tnstrument. Rorrower can cure such a default and, if acceleratioi� I�as occomed, reinstate as provided iu Section 19, by cansing the action or proceedi��g to be dfsmissed wiYh a ruling that, in I.ender's judgroent, precludes forfeiture of die Prnperty or other material impairment of Lender's interest in the Yroperty or rights under this Securiry instrument. The proceeds of any award or claim for damages that are aYtributable to the impaim�cnL of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not appfied fo restoration or repair of the Property shall he applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. F,xtension ofthe time for payrnent or modificatiun of amortization of the sums secured by this Securiry instrumcnt granted hy Lcnder to Borrower or any Successor in interest of Boerower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall nnt he rcyuired to commence piaceedings against any Successor in Intcrest of Borrower or to refuse to extend time for payinent ur otherwise modify amortization of the sums secured by this Security Instrument Uy reason of any demand tnade by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in cxercising any right or remedy including, without limitatiim, Lender's acceptance oF payments from third persons, entities or Succcssors in Interest of Borrower or in amounfs less than tl�c amount then due, shall not be a waiver of or preclude the exercise of any right or rcmedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability sl�all be joioY and several. However, any Borrowor wl�o co-signs this Security instrument bu[docs not execute the Note (a "co-signer"): (a) is co-signing this Security Instrament only to mortgage, grant and convey the co-signer's interest in d�e Proper[y under the terms of Yhis Sectirity instrumenE; (b) is not personally obligaYed Cu pay the sums secured 6y this Sccurity Instrument; nnd (c) agrees that Lendcr and any other Borrower can agree to exYend, tnodify, forbear or make any acu�mmodations with regard to the terms of this Secnrity h�sLrumcnt or the Note without the co-signer's consent. Subjec[ to the provisions of Section 18, any Successor iu Inierest of Rorrower who assumes Borrower's obligations under this Sccurity Instrument in writing, and is approved by Lcnder, shall obtain all of Bnrrower's rights and benefits under this Secm-ity insfivment�. Borrower shall not be �'eleased from Borrowcr's obligations a�id liability uuder this Securi[y Insu�ument u�iless Lender agrees to sucli release it� writing. The covenants and agreements of this Security Instrument shall hind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges� Lender may charge Sorrowcr fees for se�vices perfonned in connection with Borrower's default, for the purpose of protecYing Lender's interesl in the Property and rights under this Secttrity Instrument, including, hut not limited to, attoiroeys' fees, property inspccCiun xnd vxluation fces. In regard to ai�y other fees, the absence of express authority in this Security InsG'ument to charge a specific fee to Borrower shall not be construed as a prohibition on thc charging ofsuch fee. Lender may not charge fees that are expressly prohibited by this Security instrument or by Applicable Law. BB01292448 6607292M1M10 NEORA6KA-6ingle Pamity-FennieMaelF�etltlle MacOMFORM INSTRUMENT WITH MERS 1' �,�� Form 3028 tl01 VM P OO � VM P6A(NE)(1�O5� WoHers Kluwer Flnancial Services Page 11 of 11