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2� 1 �� 138 5ecurity Instrument,whether or nat then due. "�ppasing Party"means the third party that ow�s Borro�ver Miscella.neous Proceeds or tb�party against�vhom�orrower ha�a r�ght of a�tion in regard ta Mi�cellaneous F'roceeds. Bvrrower sha11 be in default if any ac�ion or proceeding,whether civil or criminal, is begun that, in Lender's judgment,could result in forf�iture af the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. B�rrawer can cure such a default and, if acceleration has occurred,reinstate as provided in 5ection. l9,by causing the actian or�roceeding to be dismi�sed with a ruling that, in Lender's judgment,prec�udes forfeiture of the Property or other mater�al impairment of Lender's interest in the Property or rights un�der this Security Instrument. The proceeds of any award or c�a��far damages th�.t are�.ttr�but�bl�tv the impa�.rmen.t vf�end�r's�n.terest�n the Property are hereby a�signed and shall b�pa�d to Lender. . A11 M�scellaneous Proceeds that are not applied to restaration or repair of the Property sha11 be applied in the arder pravided for�n Section 2. �2. Bvrrower Not R��eas�rd;Farl�earanceBy LenderNot a 1rVai�er,Ex�ension of the time for payment or rr�odif ication of amor�i.zati�n of the sums secured by th�s Security Instrument granted by Lender to$orarawer ar any Suecessor in Interest af Borrower sha11 not operate ta release the�ia�i�ity af Barrower or any �uccessors in Interest of Borr��ver. Lender�hall not be required to commence proceedings against any Successor in Iaterest of Borrnwer or t�refuse to extend time for payme�t or otherwise m��ify amar�ization af the sums secured by this Security Instrument by reason af any demand made by the original Bonower or a�y Successors in Interest of B�rrovver.Any f�rbearance by Lender in exerci�ing any right or remedy ' including,without�imitation,Lend�r's acceptance of payments from third persons, entities or Successors in I�tere�t of Borravver or in amouats less than the amaunt then due,sha�l nat be a waiver of ar prec�ude the exercise of any right or remedy. 13. Jaint and S��eral Lia�i�ity;Ca-s�gners;Suc�essvrsand Assigns Bvund.Borrower covenants and agrees that Borrower's ob��gations and liability shall be joint and several. Howe�er,any Borrower who co-sign�this Security In.strument but does n�t execute the N�te(a"co-signer"): �a}is co-signing this Security Instrument only ta mortgag�,grant and con�ey the coWsign�r's interest in the Property under the t�rms of this Secur�ty Instrument;�b}is not persanally obligated to pay the sums secur�d by this Security Instrument;and�c�agrees that Lender and any other Borrower can agree to��tend,modify, farbear�r make any acc�mmodatians v�ith regard to the terms of this Security In.strumeat or the Note without the co-signer's cons�nt. Subj ect to the pro�isions of Section 18,any�uccessor in Interest of��nower whv as�umes Barr�vver's obligatxons under this Security Instrument in writing,and is appr��ed by Lender,shall obta�n all of Borrower's rights aad benef��s under this Security Instrument. Borrovver sha11 not be r�leased from Borrower's ob�igations and liability under this Security Instrument unless Lender agrees to such release in �vriting.The covenants and agreements of this 5ecurity Instrum�nt sha11 bind�except as pro�ided in Seetion 2�}and benefit the successors and assigns of Lend�r. 14. Loan Charges.L,ender may charge Borro�ver fees far seivices p�rformed in connection with Borraw�r's default, f�r the purpose of protecting Lender's interest in the Property and rights under this Security Iastrument, including,but not limited t�,attorneys' fees,property inspection and valuation fees. In regard to any�ther fees,the absence of express authority in this Security Instrument ta charge a specific fe�to Borrower shal�not be construed as a prahibition on the charging of such fee. Lender may no�charge fee� that are expressly prohibited by this Security Inst�ument or by Appli�able La�v. NEBRASKA-Singfe Family-Fannie Mae{Freddie Ma�UNIFORM�NSTRUMENT WITH AIIERS Form 3a28 1141 VMP� VMP6A(NE]�934�}.� Wolters K�uvr�er�inarr�ial S�rvices � Page 4 4 of�7 q43359�7142i Dz33 37i lii7