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201200039 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extensic�n of the time for payment or modification of amortization of thc 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 }3orrower or any Successors in Interest of Borrower. Lender shall not be eequired to commence proceedings against any Successor in Interest of Ciorrower 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 Borrowcr. Any forbearance by Lender in e;cercising any right or remedy including, without limitalion, Lender's acceptance of payments from third persons, entities or Successors in Interest of f3orrower 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, Casigners; Successors and Assigns Bound. Borrower covenants and agre�s that Borrower'sobligations and liability shall be joint and several. Howcver, any Bc�rrower who co-signs this Security Instruinent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the casigner's interest in the Property under the terms of this Security Instrument; (b) is not pers�nally obligated to pay thz sums secured by this Security [nstrument; and (c) agrees that Lender and any other E3orrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consznt. Subject to the provisions af Section 18, any Succcssor in lnterest of E3arrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits undee this Security Instrument. Boreower shall not be released from }3orrower's obligations and liability under this Security [nstrument 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 successars and assigns of Lcnder. l4. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the putpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attocneys' 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 as a prohibition on the charging of such f'ee. Lender may not charge fecs that are expressly prohibited by this Security Insteument oe by Applieable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally intcrpreted 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 thc charge to the permitted limit; and (b) any sums already collected t�om Borrower which exceeded perniitted limits will be refunded to Borrower. Lender may cl�oose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (dvhether or not a prepayment charge is provided for under the Note}. Boerower's acceptance of any such refund made by direct payment ko Borrower will constitute a waiver of any right of action Borrower might have arising out of such overchaege. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deenied to have been givcn to Borrower when mailed by first class m�il 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 rcquires otherwise. The notice address shall be Yhe Property Address unless Borrower has designated a substitute notice address by notice to Lender. Boerower shall prampYly notify Lender of Borrower's change of address. If Lender specities a procedure for reporting Barrower's change ol'address, then Borrower shall anly report a change oFaddress theough that specified procedure. There may be only one dcsignated notice address «nder this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrawer. Any notice in connection with this Security lnstrument shatl not be decmed to have been given to Lender unlil actually received by Lender. If any notice reyuired by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the correspanding requirement under this Security Instru�nent. 16. Governing Law; Severability; Rules of Construction. This Security lnstrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable La�v. Applicable Law might explicitly or implicitly allow the paeties to �gree by contract or it might be silent, but such silence shall not be canstrued as a prohibition against agreement by contract. [n the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not aff�ct other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instewnent: (a) woeds of thz masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular sha(1 mcan and include the plural and vice versa; and {c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Benefcial Interest in Borro�ver. As used in this Section 18, "Interest in the Property" means any legal or beneficial inCerest in the Property, including, buc not limited to, those Uenelicial interzsts transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title 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 Borrower is not a natural person and a beneGcial inCerest in Borrower is sold or transferred) without Lender's prior written consent, Lender inay require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocA�egfc�� Fortn 3028 1/01 Page 7 of 11 www.docmagic.com