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201 201503 <br />12. Borrower Not Released; Forbearance By Lender IVot 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 Borrower or any <br />Suc,cessors in Interest of Borrower. Lender shall not be required to commence proc,eedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizarion <br />of the sums secured by this Security Instrument by reason of any demand made by the original Bonower or <br />any Successors in Interest of Borrower. 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 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. Borrower covenants and <br />agrces that Borrower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this Security Instrument but does not ex�ute the Note (a "co-signer"): (a) is co-signing this <br />S�urity Instnunent 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 agr� to extend, modify, forbear or make <br />any accommodations with regard to the terms of this S�urity Instrument or the Note without the co-signer's <br />consent. <br />Subj�t to the provisions of Section 18, any Successor in Interest of Bonower who assumes Borrower's <br />obligations under tlus Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this S�urity Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this S�urity Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in 5ection <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may cha.rge Bonower fess for services performefl in conn�tion with Bonower's <br />default, for the purpose of prot�ting Lender's interest in the Property and rights under this Security <br />Insmiment, including, but not limited to, attorneys' fees, property inspection and valuation f�s. In regard to <br />any other f�s, the absence of express authority in this Security Instnunent to charge a spe�ific fe� to <br />Borrower shall not be construed as a prohibirion on the charging of such fce. Lender may not charge f�s <br />that aze expressly prohibited by this Se�urity Insmunent or by Applicable Law. <br />If the Loan is subj�t to a law which sets maximum loan chazges, and that law is finally interpreted so that <br />the interest or other loan charges coll�ted or to be collected in connection with the Loan exc,eed the <br />permitted limits, then: (a) any such loan charge shall be reduc,ed by the amount n�essary to reduce the <br />charge to the permitted limit; and (b) any sums already coll�ted from Borrower wluch excceded pErmittad <br />limits will be refundefl to Bonower. Lender may choose to make this refund by re�ucing the principal o�ved <br />unc3�r the Note or by maldng a dir�t payment to Bonower. If a refund redur�s principal, the reductac�n �vall <br />be ixeatefl as a partial prepayment without any prepayment charge (whether or not a prepayment chasge as <br />provided for under the Note). Borrower's acr.eptance of any such refund made by d'u�t 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 norices given by Bonower or Lender in connection with tlus Security Instrument must be in <br />writing. Any norice to Borrower in connection with this Security Instrument shall be d�med to have be�n <br />given to Bonower when mailed by first class mail or when actually delivered to Borrower's notice addres.s if <br />sent by other means. Norice 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 Bonower has <br />NEBRASKA-Single Famlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6INE) (1105) <br />Wolters Kluwer Financial Services Page 11 of 17 <br />