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201200927 <br /> 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for paymen2 or <br /> modifica[ion of amortization of the sums secured hy this Security Iastrument granted by Lender to Bormwer <br /> or any S�ccessor in Interest of Borrower shall not opera[e to release the liability of Borrower or any <br /> Successors in Interes[of Borrower. Lender shall not be required to commence proceedings against any <br /> Successor in Interest of Bonowe�or to refuse to extend time for payment or otherwise modify amortization <br /> of the sums secured by this Security Ins[rument by reason of any demand made by the original Borrower or <br /> a�y Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy <br /> including, without limi[ation, Lender's acceptauce of payments from[hird petsons, entities or Successors in <br /> Interest of Borrower or in amounts less than the aznount then due, shall not be a waiver of or preclude the <br /> exercise of any right or remedy. <br /> 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and <br /> agrees that Bonower's obligadons and liability shall be joint and several. However, any Borrower who <br /> co-signs this Securiry Instrument but does not execute the Note(a "co-signer"): (a) is co-signing tlus <br /> Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br /> tenns of this Securiry Instrument; (b) is not personally obligated to pay the sums secured by this Security <br /> Instrument; and (c) agrees tha[ Lender and any other Borrower can agree to extend, modify, forbear or make <br /> any accommodations with regard to the[erms of this Security Instnunent or the Note without the co-signer's <br /> wnsent. <br /> Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes BottowePs <br /> obligations under this Sec�rity Instrument in writing, and is approved by Lender, shall obtain all of <br /> Bonowcr's rights and benefits under this Security Instrument. Borrower shall no[be released from <br /> Borruwer's obligations and liabiliry u�der this Security Instrument wiless Lender agrees to such release in <br /> writing. The covenants and agreements of this Securiry Instrument shall bind (except as provided in Section <br /> 20) and beneFit the successors and assigns of Lender. <br /> 74. Laan Charges. Lender may chazge Horrower fees for services performed in connection with Borrower's <br /> default, for the purpose of protecdng Lender's interest in the Property and rights under this Security <br /> Instrument, including, 6u[not limited to, attomeys' fees, property inspection and valuation fees. In regard to <br /> any other fces, t6e absence of express authority in this Security Instnunent to charge a specific fee to <br /> Borruwer shall not be wnstrued as a prohibition on the charging of such fee. Lender may not charge fees <br /> that are expressly pro6ibited by this Security Instrument or by Applicable Law. <br /> ]f the Loan is subjeet [o a law which sets maacimum loan charges, and that law is finally inCerpre[ed so that <br /> the interest or other loan charges collected or to 6e wllected in connection wi[h the I.oan exceed the <br /> pernvtted limits, then: (a)any such loan charge shall be reduced by the amount necessary to reduce the <br /> charge to the pernutted limit; and(b) any sums already collected from Borrower which exceeded permitted <br /> limits will be refunded to Borrower. L.ender may choose to make this refund by reducing the principal owed <br /> ❑nder the Note or by making a direct payment to Borrower. If a refund reduces principal, [he reduction will <br /> be trea[ed as a partial prepayment without any prepayment charge(whether or not a prepayment charge is <br /> provided for under the Note). Borrower's acceptance of any such refund made by direct payment to <br /> Borrower will cons[itute a waiver of any right of action Borrower migh[have arising out of such overcharge. <br /> 7 5. Notices. All notices given by Borrower or I,ender in connection with this Security Instrument must be in <br /> writing. Any notice to Borrower in connection with this Security Ins[rument shall be deemed to have been <br /> given to Borrower when mailed by first class mail or when acmally delivered to Borrower's notice address if <br /> sent by o[her means. No[ice to any one Borrower shall constirute notice to all Borrowers unless Applica6le <br /> Law expressly requires o[herwise. The notice address shall be the Property Address unless Borrower has <br /> NEBFASKA-Si�le Family-Fannie Mae/Freddie Mac UNIFORM INSTqUMEM Form 3028 1101 <br /> VMP�H VMP6INE�(11051.00 <br /> Wolters Kluwcr Financial Serviws Page 11 of 1] <br />