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201210843 Security Instrument, whether or not then due. "Opposing Party" means the third par[y that owes Borrower Miscellaneous Procceds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. E3orrower shall 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 okher material impaurnent of I,ender's interest in the Property or rights under this Security Inshwnent. Borrower can cure such a default and, if acceleration has occun•ed, reinstate as provided in Section 19, by causing thc action or proceediug to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security 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 restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; ForbearenCe By Lender Not a Waiver. Extension of the time for payment or modification of aznortizarion of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in [nterest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against aay Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Se�urity Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forhearance by Lender in exercising any right or remedy including, without limitation, Lender's acc�tance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, sUa71 not be a waiver of or preclude the elcercise of any right or remedy. 13. Joirrt and Several Liability; Co-signers; Successors and Assigns Bound. Ebrrower covenants and agrees that Borrower's obligations and liabiliry sha11 be joint and several. However, any Borrower who co-signs this Securiry Instrument but does not ezecute the Note(a"co-signer"): (a)is w-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in tt�e Property under the tecros of tivs Security Instrument; (b)is not personally obligated to pay the swns secuced by tMs Securiry Insh-ument; and(c)agrces that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Insuvment or the Note without the co-signer's consent. Subject to the provisions of S�tion 18, any Successor in Interes[of Borrower who assumes F3orrower's obligations under this Secnrity InsWment in writing, and is approved by L.ender, sha11 obtain all of Borrower's rights and benefits under this Security Instrument. Fbrrower sha11 not be released from Borrower's obligations and liability under tivs Security Instrutnent unless Lender agrees to such release in writing. The covenants and agreements of tlus Security Inshwnent shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fces for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fces, property inspection and valuation fees. In regard to any other fees, the ahsence of express authority in this Security Instrwnent to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not chazge fees that are expressly prohibited by this Security Instrument or by Applicable Law. 23002]8954 D VBANF NEBRASKA-Single Femily-Fannie MaelFredtlie Mac VNIFOHM INSTRUMENT WITH MEflS Form 30'1B 1/01 VMP ryy VMPBAME1111051 Wol[ns Kluwer Financiel Servicas Pege 11 ot 17