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�o����QS� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sw�is secured by this Security Instrument granted by Lender to Bonower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Bonower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums s�ure� by this Se,curity Instrument 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 preclude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrees that Bonower'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 />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make <br />any accommodations 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 Se�tion 18, any Successor in Interest of Borrower who assumes Bonower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. Bonower shall not be released from <br />Borrower's obligarions and liability�under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for servic.es performed in connecrion with Bonower's <br />default, for the purpose of prot�ting Lender's interest in the Properiy and rights under this Security <br />Instrument, including, but not limited to, attomeys' f�s, property inspection and valuation fees. In regazd to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific f� to <br />Bonower shall not be construed as a prohibition on the charging of such f�. Lender may not charge fees <br />that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is fmally interpreted so that <br />the interest or other loan chazges collected or to be collected in connecrion with the Loan exceed the <br />permitted limits, then: (a) any such loan chazge shall be reducefl by the amount necessary to reduce the <br />chazge to the permitted limit; and (b) any sums already colle�ted from Bonower which exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Bonower. If a refund reduces principal, the re8uction will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment chazge is <br />provided for under the Note). Bonower's acceptance of any such refund made by dire�t payment to <br />Bonower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Bonower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been <br />given to Bonower when mailed by first class mail or when actually delivered to Borrower's notice address if <br />sent by other means. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The norice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-FanNe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP p VMPBINE) (1106) <br />Wolters Kluwer Finandel Servic� Page 11 of 17 <br />