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2012400�7 IZ. 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 Bonower shall not operate to relwse the liability of Borrower or any Successors in Interest of Bonower. Lendar shall not be required to commence proceedinga against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amorti�adon of the sums secured by Nvs Securiry Instrument by reason of any demand made by the original Bonower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right ar remedy including, without lunitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of ar preclude the exercise of any right or remedy. 13. Joint and Several Llability; Casigners; Successors and Assigns Bound. Bonower covenants and agress that Bonower's obligadons and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument but dces not execute the Note (a "ca-signer"): (a) is co-signing ttus Security Instrumant only to mortgage, grant and convey the co-signer's interest in the Property under the terms of tivs Security Instrument; (b) is not personally obligated to pay the suros 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 terros of thia Security Inshument or the Note without the co-signer's consent. Subject w the provisions of Section 18, any Successor in Interest of Bonower who assumes Borrower's obligadons undar this Security Instrument in writing, and is approved by Lender, stiall obtain all of Borrower's rights and benefits under this Security Inshvment. Borrower shall not be released &om Borrower's obligations and liability under this Security Instnunent unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section ZO) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fee.c 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 Instrumenk including, but not limited to, attomeys' fees, property inspecrion and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bonower shall not be construed as a prohibiHon on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Securiry 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 wllected or to be collected in cannection 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 refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Bonower. 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). Borrower' s acceptance of any such refuad made by direct payment to Bonower will wnsatute a waiver of any right of acdon Bonower might have arising out of such overcharge. 15. Nottces. All notices given by Bonower or Lender in connection wikh thia Security Instrument must be in writing. Any notice to Bonower in connection with this Securiry Instrument shall be deemed to have been given to Bonower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Norice to any one Borrower shall consdtute notice to all Borrowers unless Applicable Law exprescly requires otherwise. The notice address shall be the Properiy Address unless Borrower has designated a substituta notice address by notice to Lender. Borrower shall promptly notify Lender of Bonower's change of address. If Lender specifies a procedure for reporting Borrower' s change of address, then Borrower shall only report a change of address through that speciSed procedure. There may be only one designated nodce address under ihis Security Instrument at any one time. Any notice to Lender sha11 be given by delivering it or by maiflng it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connaction with this Securiry Instrument shall not be deemed to have been given to Lender until acWally received by Lender. If any nodce required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will sarisfy the conesponding requirement under this Security Instrument. 16. Governing Law; Severability; Rulea of Construct3on. This Security Instrument shall be govemed by federal law and the law of the jurisdicdon in which the Property is located. All rights and obligadons contained in this Security Insirument are subject to sny requirements and limitations of Applicable Law. Applicable Law might explicidy or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the avent that any provision or clause of tlils Security [nstrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instnunent: (a) words of the roasculine gender shall mean and include conesponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretian without any obligation to take aay acdon. 17. Borrower's Copy. Borrower shall be given one copy of the Notc and of this Secwity Inslrument. 18. Transfer of the Property or a Benefidal Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial i¢terest in the Property, including, but not limited to, those beneficial interests transferred in a bond for dced, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Boaower is not a natural person and a beneficial interest in Botrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums aecured by this Security Instivmen� However, this option shall not be exercised by L.ender if such exercise is prohibited by Applicable Law. NEBRASKA—Sf�le Fem(ly—Fennle Mae/Freddie Mec UNIFORM INSTRUMENT �a e� Form 3028 1/01 Pege 7 of 11 www.damaglc.mm