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�0�20i42� <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 s�ured 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 Bonower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceeflings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this S�uriry 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 Bonower or in amounts less than the amount then due, shall not be a waiver of or pr�lude the <br />exercise of any right or remedy. <br />13. Joiat and Severat Li�bility; Co-signers: Successors and Assigns Bound. Bonower covenants and <br />aga�s ihat Borrower's obligations and lia� shall be joint and several. However, any Borrower who <br />�-�gns thas Seca�rity Instrument but does �i ex�acute the Note (a "co-signer"): (a) is co-signing this <br />Se�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Properly under the <br />terms of tlus Se�urity Instrument; (b) is nat �nally obligated to pay the sums se�ured by this S�rity <br />Instrument; and (c) agrces that L�nder and any other Borrower can agr� to extend, modify, forbear crr make <br />any accommoflations 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 Bonower who assumes Borrower's <br />obligations under this S�urity Instzument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instnunent. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Insttument unless Lender agress to such release in <br />writing. The covenants and agreements of this S�urity Instrument shall bind (except as provided in Se�tion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charg�s. Lender may charge Borrower fees for services performed in conne�tion �vith 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 inspactiou and valuation f�s. In regard to <br />any other fces, the absence of express authority in this Security Instnament w charge a spe�ific fe� to <br />Borrower shall not be constnted as a prohibition on the charging of such fee. I.ender 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 finally interpreted so that <br />the interest or other loan chazges collected or to be coll�ted in conn�tion with the Loan exceed the <br />pemritted limits, then: (a) any such loan chazge 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 reducing the principal o�ve� <br />under the Note or by making a dir�t payanent to Bonower. If a refund reduces principal, the redudion will <br />be treatefl as a pazriai prepaymern wi�out any pre}�ayment chazge (whether or not a prepayment chazge is <br />provided for under the Note). Bonowe.c's �ce of any such refund made by dir�t payment to <br />Bc�crower wa71Il aor�tita�te a waiver of any � a� a�cxion Bortower might have arising out of such overcharge. <br />15. 111otices. Ali notices given by Bonower or �.ender in conn�tion with tlus S�urity Instrument must be in <br />writing. Any notice to Borrower in connection with this S�urity Instrument shall be d�med to have been <br />given to Borrower �vhen maile� by first class mail or when actually delivered to Borrower's norice addr�s if <br />sent by other means. Notice to any one Bonower shall constitute norice to all Borrowers unless Applicable <br />Iaw expressly requires otherwise. The norice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Freddfe Mac UNIFORM INSTRUMEM Form 3028 1/01 <br />VMP Q VMP8INE) (1106) <br />Wolters Kluwer Financial Services Pege 11 of 17 <br />