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�0120�30u Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Bonower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any acHon 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 Properly or rlghts under this Secnrity Instrument. Borrower can cure such a default and, if acceleraflon has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed wiW a ruling that, 9n Lender's judgment, precludes forfeiture of the Property or other materlal impairment of Lender's interest in the Property or rights under this Securlty Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoraHon or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not R��sed; Forbearance By Lender Not a W�iver. Extensioa of the ttme for payment or modification of amortizaflon of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors 9n Interest of Borrower. Lender shall not be required to commence proceed9ngs against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amordzaHon of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercis9ng any right or remedy including, without IimitaHon, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint snd Several LlabiUty; Co-signsrs; Succe4sors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Securlty Instrument but does not execute We Note (a "co-signer"): (a) is co-signing this Security Inshvment only to mortgage, grant and convey the co-signer's interest in the Property under tt►e terms 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 Bonower can agree to extend, modify, forbeaz or make any accommodaflons with regazd 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 Borrower who assumes Borrower's obligations under this Security Instrument 9n writing, and is approved by Lender, shall obtain all of Borrower's rights and bene8ts under this Security Instrument. Borrower shall not be released &om Borrower's obligations and liability under this 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 bene8t the successors and assigns of Lender. 14. Loen Cherg�. Lender may charge Borrower fees for services perFormed in connection with Borrower's default, for the purpose of protecdng Lender's interest in the Property az►d dghLs under this Securlty Instrument, including, but not limited to, attorneys' fees, property �tnspection and valuation fees. In regazd to any other fees, the absence of express authority in W9s Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibiHon on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. 001122994783 Ckibenk 3.2.59.07 V3 NEBRASKA-Single Family-Fermie Mae/Freddie Mac UNIFORM INSIRUMENT WITH MERS Form 3028 1/01 VMP � VMPBA(Nk� (1105).00 Wolters Kluwer Flnandal Services Page 11 W 17