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�0�2�902� <br />Security Instrument, whether or not then due. "Opposing Party" means the third pariy that owes Borrower <br />Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <br />Borrower sha11 be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the <br />Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or <br />claim for damages that aze attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in <br />the order provided for in Section 2. <br />12. BoITOwer Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instnunent granted by Lender to Borrower <br />or any Successor in Interest of Bonower shall not operate to rel�se the liability of Bonower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this S�urity Instrument by'reason of any demand made by the original Borrower or <br />any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the <br />exercise of any right or remedy. °�' <br />13. Joint and Several Liability; Casigners; Successors and Assigns Bound. Bonower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this Security Instrument but dces not exc�ute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Se�urity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Instr�ment or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instrument in wriring, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instrument. Bonower sha11 not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agreements of this Security Instnunent shall bind (except as provided in Section <br />20) and benefit the succ�ssors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in connecrion with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under tlus Security <br />Instrument, including, but not limited to, attomeys`'fees, property inspection and valuation fces. In regazd to <br />any other fees, the absence of express authority in`fHi§ Security Instrument to chazge a specific fee to <br />Bonower shall not be construed as a prohibition'on the charging of such fee. Lender may not chazge fees <br />that are expressly prohibited by this Security Instnunent or by Applic�ble Law. <br />eaoi3oizs� seoiao�zsi <br />NEBRASKA-Single FamilyFannie MadFreddie Mac UNIFORM INSTRUMENT WRH MERS Form 3028 1/O7 <br />VMP � VMP6A(N� (1105) <br />Wolters Kluwer Financial Services Page 11 of 17 <br />,s,, <br />�' : <br />i td� ° j•. �. <br />