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