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201109169 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. Borrower sha(I 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 interest in the Property ar rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 1.9, by causing the actiou 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 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 oi-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 amortization of the sums secured by this Security 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. Leuder shall not be required to commence proceedings against auy 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 Borirower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of paytnents fi•om third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of o►•preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees tliat Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrutnent 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 to pay the sums secured by this Security Instrument; and(c)agrees that Lender and airy other Borrower can a�•ee to extend, modify, forbear or make any accommodations with regard to the terms of this Security InsCrument 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 of Borrower's riglits and benefits under this Security Instrument. Borrower shall not be released fi•om Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and a�-eements 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 Inserument, including, but not limieed to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authoriry in this Security Instruinene to charge a specific fee to Borrower shall not be construed as a prohibition on tlie charging of such fee. Lender n�ay not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. 8801103443 8801103443 NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS , Form 3028 1/01 VMP QQ VMP6A(NE)(1105) Wolte�s Kluwer financial Services Page 11 of 17 � ��