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201200610 <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceEdings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums s�ured by this Security Instnunent by reason of any demand made by the original Bonower or <br />any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, enrities or Successors in <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or pre�lude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and <br />agr� that Borrower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />S�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this S�urity Instrument; (b) is not personally obligated to pay the sums secured by this S�urity <br />Instrument; and (c) agrees that Lender and any other Borrower can agre� to extend, modify, forbear or make <br />any accommodarions with regazd to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's <br />obligations under this Security Insttument in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instivment. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agre�s to such release in <br />writing. The covenants and agr�ments of this Security Instrument shall bind (except as providefl in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connecrion with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fces. In regard to <br />any other fees, the absence of express authority in this Se�urity Instrument to charge a s�cific fee to <br />Bonower shall not be construed as a proYubition on the charging of such fes. Lender may not charge f�s <br />that are expressly prohibited by this Se�urity Instrument or by Applicable Law. <br />If the Loan is subj�t 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 collected in connection with the Loan excee�i the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reflucing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the r�uctic�n will <br />be treated as a partial prepayment without any prepayment chazge (whether or not a prepayment char�e is <br />providefl for under the Note). Borrower's acceptance of any such refund made by direct payment to <br />Borrower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in conn�tion with this Security Instrument must be in <br />�vriting. Any notice to Borrower in conn�tion with this S�urity Instrument shall be desmed to have been <br />given to Borrower when mailed by first class mail or when actually delivere� to Borrower's notice address if <br />sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />�p � VMP6(NE) (1105) <br />Wolters Kluwer Finencial Services Pege 11 af 17 <br />