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201210551 Security Instrument,whether or not then due. "Opposing Party" means the third party that owes Boaower Miscellaneous Proceeds or the pazty against whom Boaower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be iu default if any action or ptoceeding,whether civil or criminal, is begun that, in Lender's judgment,could result iu forfeiture of the Proper[y or other material impairment of Lender's interest in the Property or rig6ts under this Security Instrument. Borrower-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 mling that, in Lender's judgment,precludes forfei[ure of the Property or o[her material impairment of Lender's interest in the Property or rights under this Security Instrument. Thc proceeds of any award or claim for damages that are attributable to the impaitment of Lender's interest in the Proper[y are hereby assigned and s6a1(be paid to Lender. All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the order provided for in Sectiou 2. 12. BorrowerNot Released;ForbeareneeBy LenderNot a Waiver. Extension ofthe time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Bonower or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any Successors iu Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Boerower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrowcr or any Successors in Interest of Borsower.Any forbearance 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 the amount then due, shall not be a waiver of or preclude Ihe exercise of any right or remedy. 13. Joint and Several Liability;Co-signers;5uccessorsand AssignsBound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However,any Borrower who co-signs this Security InsWment but does not execate the Note(a "co-signer"): (a)is co-signing this Security Instmment only to mortgage,grant and convey the co-signer's interest in the Property under the ternis of this Security Inskrument;(b)is not personally obligated to pay the sums secured by this Seciuity Instrument;and(c)a�ees that Lender and any other Borrower can a�ee to extend, modify, Yorbear or make any accommodations with regazd to the tertns of this Security Instrument or the Note withwt the co-signer's consent. Subject to the provisions of Section 1 S,any Successor in Interest of Bonower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender,shall obtain all of Boaower's rights and benefits under tlils Security lnstrument. Borrower shall not be released from Borrower's obligations and liability under this Securiry Instrument unless Leuder agrees to such release in writing. The covenants and agreements of this Security I�shument shall bind(except as provided in Section 20)and benefit t6e successors and assigns of Lender. 14. Loan Charges.Lender may charge Boaower 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 Insmiment, including,but not limited to,attomeys'fees,property inspection and valuation fees. ]n regard W any other fees,the abseuce of express authority in this Security Instrument to charge a specific fee to Boirower shall not be consttued as a prohibifion on the charging oY such Yee. Lender may not charge fees that are exptessly prohibited by this Security Ins�ument ar by Applicablc Law. NE9fiA5KASingle Famity-Fannie MaelFietlaie Mac 11NIFORM INSTRUMENT WITH MERS Fortn 3�t81101 VMP� VMPBA(NE)(1105}OD Wolters Kluwer Financial Services Page 11 of tt iii iiiiii�i�9��i iii�iiii iiiiiii ii ii i i iiiiiiii i iii