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2� 17�2359 Security instrument, whether ar no�then due. "�pposing Party" means the third party that owes Borrawer Miscellaneaus Proceeds or the party against whom Borrower has a right of action in regard to Miscelianeous Praceeds. Borrower shall he in default if any actian ar proceeding, whether civil ar criminal, is begun that, in Lender's judgment, could result in farfeiture of the Froperty or other material impairment of Lender's interest in�he Pr�perty or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurr�d, reinstate as pro�ided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's j udgment, precludes forfeiture of the Property or other material impairm�nt af Lender's interest in�he Property ar rights under this Security Instrument. The proc��ds of any award or claim for damages that are attributable ta the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscel�aneous Proceeds that are not applied to restoration or repair of the Property shail be applied in the order pro�ided for in Sec�ion 2. 'I 2. Bvrrvvr►�r Nat Rel�ased; Farbearanee By L�ender N�t a Wai�er. Extension of the time far payment or modificatian of amartization of the sums secured by this Security Instrument granted by Lender t� BorravWer or any Successvr in Interest of Bvrrawer shal� not operate to rel�ase the liability of Borrow�r or any 5uccessors in �nterest af Borrower. Lender shall not be reQuired�o c�mmence proceedings against any 5uccessar in In�erest of Borrower t�r to refuse to�xtend time far paym�nt or otherwise modify amortization of the sums secured by this Security �nstrument by reason of any demand made by the original Borrawer�r any 5uccessars in Interest of Borrawer. Any farbearance by Lender in exercising any righ�or remedy including, withaut limitation, Lender's acceptance af payments from third persons, entities or Successors in Interest of Borrower ar in amaunts less than the amount then due, shall nat be a wai�er of or preclude the exercise af any right or remedy. 'l 3. Jvint and 5e�eral Liabifity; Co-s�gners; Successors and Assigns Baund. BorrovWer co�enants and agrees that Borrower's obligatians and �iability shall be joint and several. However, any Borrower who ca-signs this Security Instrument but does not execute the Note�a"co-signer"}: �a� is ca-Slgrilri��11S SeCurity Instrument on�y to martgage, grant and con�ey the co-signer's inter�st in the Property under the terms of this Security Instrument; �b} �s nat persona��y obligated to pay the sums secured by th�s Security Instrument; and�c}agrees that Lend�r and any other Borrower can agree to ex�end, modify, forbear or make any accammoda�ions with regard to the terms of this Security Instrument or the Note without�he co-signer's consent. Subject to the pro�isions af Section l S, any Su�cessvr in Interest af Borrower who assumes Borrovver's obligatians under this Security Instrum�nt in writing, and is appra�ed by Lender, sha11 obtain a11 of Borrower's rights and benefits under this Security Instrument. Borrawer shall not be re�eas�d from Borrower's obligations and liability under this 5ecurity Ins�rument unless Lender agrees to su�h release in writing. Th�ca�enants and agreements of this 5ecurity Instrument sha�l bind�except as pro�ided in Section 2�} and benef t th�successors and assigns of Lender. 'I 4. Loan Charges. Lender may charge Borrow�r fees for ser�ices performed in connection with BorravWer's default, fQr the purpase af prot�cting Lender's in�erest in the Praperty and righ�s under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation f�es. In regard to any other fees, the absence of express autharity in this Security Instrument to charge a specif c fe�to Borrnwer sha�l not be construed as a proh�bition on the charging of such fee. Lender may not charge fees that are expressly prahibited by this Security Instrument ar by Applicable Law. �3zsoaa NEBRASKA-Singfe Family-Far�nie MaelFreddie Mac�NIFDRM INSTRUMENT WITH MERS Form 3�28 9f�� VMP VMPfiA�NE}(1302} Wolters Kluwer Fir�anciai Servi�es Page 11 of 17