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��Q��(� forbeazance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 12. Joint and 5everal Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower' s obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument but does not execute the Note (a "casigner"): (a) is casigning this Security Instrument only to mortgage, grant and convey the casigner's interest in the Properiy under the terms of ttus Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodarions with regard to the terms of this Security Instrument or the Note without the casigner's consent Subject to the provisions of Section 17, any Successor in Interest of Bonower who assumes Borrower's obligations under this Security Insirument in writing, and is approved by Lender, shall obtain all of Bonower' s rights and benefits under this Security Instrument. Bonower shall not be released from Borrower' s obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Secrion 19) and benefit the successors and assigns of Lender. 13. Loan Charges. Lender may chazge Bonower fees for services performed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regazd to any other fees, the absence of express authority in this Security Instrument to chazge a specific fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law wluch sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the permitted limit; and (b) any sums already collected from Bonower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reducrion will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Bonower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Bonower might have atising out of such overcharge. 14. Nolices. All notices given by Bonower or Lender in connection with this Security Insirument must be in writing. Any notice to Bonower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable Law eacpressly requires otherwise. The notice address shall be the Properly Address unless Bonower has designated a substitute notice address by notice to Lender. Bonower shall promptly notify Lender of Bonower's change of addtess. If Lender specifies a procedure for reporting Bonower' s change of address, then Bonower shall only report a change of address through that specified pracedute. There may be only one designated notice address under this Security Instrument at any one tune. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by norice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the conesponding requirement under this Security Instrument. 15. Governing Law; Severability; Rules of Construction. Tlus Security Instrument shall be governed by federal law and the law of the jurisdicrion in wluch the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitarions of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prolubition against agreement by contract In the event that any provision or clause of this Security NEBRASKA-Single Family-UNIFORMINSTRUMBVT DodNaglc� MODIFI� FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.doanagic.com (Rev. 1/01) Page 9 of 14 IIIIIIIUIIIIIIIIIu�lllllllllu�lllllllllllllullllllll