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201400703 Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Barrower shall be in default if any action ar proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property ar other material impairment of Lender's interest in the Property or rights 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 ruling that, in Lender's judgment, precludes farfeiture of the Property or other material impairment of Lender's interest in the Property ar 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 ar repair of the Property sha11 be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modi�cation of amortization of the sums secured by this Securiry Instrument granted by Lender to Borrower or any Successor in Interest 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 any Successor in Interest of Borrower 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 Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without lirnitation, Lender's acceptance of payments from third persons, entities ar Successors in Interest of Borro�ver or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Casigners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Securiry Instrument but does not execute the Note(a"co-signer"): (a)is co-signing this Security Instrument only to martgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrumenh, (b)is not personally obligated to pay the sums secured by this Securiry Instrument; and(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument ar the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successar in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, sha11 obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. LOan ChBrges. Lender may charge Borrower fees for services perfarmed in connection with Borrower's default, far tbe purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attarneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument ar by Applicable Law. 2013-2413809 100049700012262057 2�4� NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 1/01 VMP� VMP6A(NE)(1302) Wolters Kluwer Financial Services 1/30/2014 10:36 AM Page 11 of 17