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����01284 <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 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 Borrower. Lender shall not be required to commence procsedings against atty <br />5uccessor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instnunent by reason of any demand made by the original Borrower 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, enriries 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. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower 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 Properiy under the <br />terms of this Se�urity Instrument; (b) is not personally obligated to pay the svms s�ured by this S�urity <br />Instrument; and (c) agr�s 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 Section 18, any Successor in Interest of Bonower who assumes Borrower's <br />obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this S�urity Instrument. Bonower shall not be releasefl from <br />Borrower's obligarions and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agrcements of this Security Instrument shall bind (except as provided in Se�rion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. L�nder may chazge Borrower fees for services performed in conn�rion with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under tlus S�urity <br />Instrument, including, but not limited to, attomeys' fees, property inspe,crion and valuarion fces. In regard to <br />any other fees, the absence of express authority in this S�urity Instrument to charge a specific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that aze expressly prohibited by this Security Instivment or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be collected in conne�tion with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be rerluced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded germitted <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 dir�t payment to Borrower. If a refund reducas principal, the reduction �vill <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provide� for under the Note). Bonower'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 atising out of such overchazge. <br />7 5. Notices. All notices given by Bonower or Lender in conn�rion with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security Instnunent shall be deemed to have been <br />given to Borrower when mailed by first class mail or when actually deliverefl to Bonower'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 notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Flnencial Services <br />Form 3028 1 /01 <br />VMPB(NE) (1105) <br />Page 1 i of 17 <br />