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�0120�0�� Security Instzument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regazd to Miscellaneous Proceeds. Borrower sha11 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 impairment of Lender's interest in the Properiy or rights under this Security Instrument. Bonower can cure such a default and, if acceleration has occurred, 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 Properiy or other material impairment of Lender' s interest in the Properly or rights under tlus Security Instrument. The proceeds of any award or claim for damages that aze attributable to the impairment of Lender' s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property sha11 be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Watver. Extension of the time for payment or modification of amortization of the sums secured by this Security Insirument granted by Lender to Borrower or any Successor in Interest of Borrower sha11 not operate to release the liability of Borrower 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 othervvise modify amortization of the sums secured by this Security Instnunent by reason of any demand made by the original Bonower or any Successors in Interest of Borrower. Any forb�rance 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 tt►e amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 7 3. Jolnt and Several Llabllfty; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Bonower'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 Property under the ternms 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 agree to extend, modify, forbear 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 Bonower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Bonower shall not be released from Borrower's obligations and liability under tlus Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the succ�sors and assigns of Lender. 74. Loan Cherges. Lendet may charge Borrower fees for services performed in connection with Bonower's default, for the purpose of protecting Lender' s interest in the Property and rights under this Security Inst�vment, including, but not limited to, attomeys' fees, property insgection and valuation fees. In regazd 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 prolubition on the chazging of such fee. Lender may not chazge fees that aze expressly prohibited by this Security Instrument or by Applicable Law. 8801311960 8801311850 N�RASKA-Single Femlly-Fennie MeelFreddie Mec UNIFORM INSTRUMENT WITH MFRS Form 3028 7/01 VMP � VMPBA(NEl (77051 Waltere Kluwer Flnaneial 5ervices Pege 11 oi 1Y � i �� V