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200300791. or not then due. "Opposing Patty" 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. Borrower shall he in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of tbe Property or other material impairment of Lender's interest in the Property or rights Under this Security Instrument. Borrower can cue such a default and, if accelemtionhas occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a Wiling 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; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortvation of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate ro release the liability of Borrower or any Successors in Interest of Borrower. Lender shall act 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 limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower 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; Co- signers; Successors and Assigns Bound. Borrowercovenants and agrees that Bormover'sobligations and liability shall bejoint andseveral. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer"): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated ro pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree ro extend, modify, forbear or make any accommodations with regard to the terms of Ibis Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all ofBon ower's rights and benefits under this Security Instrument. Borrower shall act 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 Charges. Lender may charge Borrower fees 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' 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 a saprohibitionondhecbargingofmchfee. Lender may not charge fees thatare expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be reloaded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Now or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrowei s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must he in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable law expressly requires NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT- MERE Ooallsg dVbvm aooa. ,t.l,� Form 30281/01 Page 9 of 13 www.docmegic.rom /� 'eb) 9.wd