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20020552 or not then due. "Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the patty against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's ill in the Property or rights under this Security Instrument. Borrower can cure such a default and, it 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 forfeiture of the Property or other material impairment of Lender's interest in the Property or eights under this Security Instrument. The proceeds of any award or claim for damages that are altribotahle 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. Burro i Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Sucuasor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower- Loader shall not be required to commence proceedings against any Successor in Interest of B(rrrOWer or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrmncnl 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. Borrower covenants and agrees that Borrower's obligations and liability shall bejoinl and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- .signing (his Security Instrument only to mortgage, grant and convey the co- signer's interest in the Properly under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security 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 ofthis Security Instrument or tire Note without the cc signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Insmtmcnt in writing mud is approved by Lender, shall obtain all of Borrower's rights and benefits uralerthis Security Instrument Borrower shalt not bereleased from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Seevily Instrument shall bind (except as provided in Section 20) and bunerit [lie .successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower tees 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 nut limited to, attorneys' fees, property inspection and valuation fees. In regard In any other fees, the absence of express authority in this Senility Instrument to charge a specific fee to Borrower shall not be construed as aprohibition on the charging of such tee. Lender may not charge fees that arc 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 refundul to Bnn'nwer. Lender may choose to make this refund by reducing the or owed under the Note or by making a direct payment to Borrower. IF a refund reduces principal, the reduction will be. treater) as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower'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 com ion 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 i f sent by other means. Notice to any one Borrower shall constittm notice to all Borrowers unless Applicable Law expressly requires NEBRASKA - Single Family Fannie MaelFreddm Mac UNIFORM INSTRIIMFNT - MERS ooe -e , iasz Form 3028 1/01 Page 9 of 13 www. docmagiu cum Rroll, Ine 1111111111111IIIIIII II II1111111IIII1111111li 11111111111111111