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201300821 <br /> Security Instrument,whether or not then due. "Opposing Party"means the third party 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 shall 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 are 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 are not applied to restoration or repair of the Property shall be applied in <br /> the order provided for in Section 2. <br /> 12. Borrower 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 Instrument granted by Lender to Borrower <br /> or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br /> Successors in Interest of Borrower.Lender shall not be required to commence proceedings against any <br /> Successor in Interest of Borrower 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 Borrower or <br /> any Successors in Interest of Borrower. 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;Co-signers;Successors and Assigns Bound.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 Instrument but does not execute 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 Security Instrument;(b)is not personally obligated to pay the sums secured by this Security <br /> Instrument; and(c)agrees that Lender and any other Borrower can agree to extend,modify,forbear or make <br /> any accommodations with regard to the terms of this Security Instrument 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 writing,and is approved by Lender, shall obtain all of <br /> Borrower's rights and benefits under this Security instrument.Borrower shall not be released from <br /> Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br /> writing. The covenants and agreements of this Security Instrument shall bind(except as provided in Section <br /> 20)and benefit the successors and assigns of Lender. <br /> 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's <br /> default,for the purpose of protecting Lender's interest in the Property and rights under this Security <br /> Instrument, including, but not limited to,attorneys' fees,property inspection and valuation fees.In regard to <br /> any other fees,the absence of express authority in this Security Instrument to charge a specific fee to <br /> Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees <br /> that are expressly prohibited by this Security Instrument or by Applicable Law. <br /> 8801587159 8801587155 <br /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Here,5028 1101 <br /> VMP.$ VMP6AINE)(11051 <br /> Wolters Kluwer Financial Services Page 11 of 17 <br />