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20��0962� <br />12. Bo�rower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for paytnent or <br />modification of amortization of thc sums sccur�i by this Sccurity Instrumcnt grantcd by Lcndcr to Borrowcr <br />or any Successor in Interest of Borrower shall not operate lo release the liability of Borrower or any <br />Successors in Interest of Borrower_ Lender shall not be requirui to commence proce�lings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or olherwise modify amortization <br />of the ,�umti sec:ureci by this ,Sc�:urily In:;irumenl by r�a,tion of any demund made by the original Bonower or <br />any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or preclude the <br />cxctcisc of any right or rcmcdy. <br />13. Jointand Several Liabiliiy; Cosigne�°s; Successors and AssignsBound.Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower who <br />co-tiigns this �ec;urily Inslrumenl but does not exec;ule lhe Nole {a "co-signer"): (a) is co-signing lhis <br />Security Instrument only to mortgage, grant and convey tbe co-signer's interrst in the Property under the <br />tenns of this Security Instru�nent; (b) is not personally ob(igated to pay the sums secured by this 5ec:urity <br />Instrument; and (c} agrees that Lender and any other Borrower can agree to txtend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer`s <br />conscnt. <br />Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Borrower's <br />obligations under this 5ecurity Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's righlti and benefils undc.�r this Sec;urity Inslrumenl. Borrowc,�r shall nol he relrased from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrec:s to such release in <br />�vriting. The covenants and agreements of this Security Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan ChTges. Lcndcr may chargc Borrowcr fccs for scrviccs performcd in conncction with Borrowcr's <br />def'anit, for the purpose of protecting Lender's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, aftorneys' fees, property inspection and valuation fees. In regard to <br />any other fee,ti, lhe �bsence of expr�ti authority in this Sec:urily Inslrumenl lo charge a spec;ific fee tu <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that are expressly prohibited by this Security Instnunent or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be wllecter] in connection with the Loan exceed the <br />pertnittcd limits, thcn: (a) any such loan chargc shall bc rcduccd by thc amount ncccssary to rcducc thc <br />charge to the peimitted limit; and (h) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to make tbis refund by reducing the principal owed <br />under lhe Nole or by mxking a diree;l payment to Borrower. If a refund recluces prineipal, the reclucliun will <br />be treated as a partial prepaytnent without any prepayinent charge (whether or not a prepayment charge is <br />provided for under the Note). Borrower's acceptance of any such refund made by direct paytnent to <br />Borrower will constitute a waiver of any right of action I3onower might have arising out of such overcharge. <br />15. NotlCes. All noticcs givcn by Bonowcr or Lcndcr in conncction with this Sccurity Instrumcnt must bc in <br />writing_ Any notice to Bonower in wnnection with this Security Instrument shall be deemed to have been <br />given to Bonower when mailed by first class mail or when actually delivered to Bonower` s notice address if <br />sent by other means_ Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />1111023724 1119023724 <br />N�RASKASingle Family-Farmie Mae/Freddie Mac UNIFORM INSTla1MENT Form 3028 1/01 <br />VM P (�q VM P6(NE) (1105) <br />Wolters Kluwer Finmicial Servicea P�e 11 of 17 <br />