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�Q��00567 Ne3QlS.dot.�rml 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 Bonower or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this 5ecurity Instrument by reason of any demand made by the original Bonower or any 5uccessors in Interest of Bonower. 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 5everal Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument 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 any other Borrower 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 consent. Subject to the provisions of 5ection 18, any Successor in Interest of Borrower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower sha11 not be released from Borrower's obligations and liability under this Security Instrument 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 successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' 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 chazging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable La,w. If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan chazges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower 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 Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment chazge is provided for under the Note). Bonower's acceptance of any such refund made by direct payment to Bonower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. NoHces. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Bonower in connection with this Security Instrument shall be deemed to have been given to Bonower when mailed by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to any one Bonower sha11 constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address sha11 be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Bonower shall only report a change of address through that speci�ed procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to I,ender 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 Bonower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the conesponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Constructdon. This Security Insmiment shall be govemed 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 Law. Applicable Law might explicitly 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 event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instnunent or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include conesponding neuter words or words of the feminine gender; (b) words in the singulaz shall mean 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 Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transfened in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Bonower 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 beneficial interest in Borrower is sold or transfened) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this 5ecurity Instrument. However, this option sha11 not be exercised by Lender if such exercise is prohibited by Applicable Law. NEBRASKA--Single Femily--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 Page 7 of 1 1 l i , � \ DocMag►c � www.docmaglc.com