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201201805 <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 Se.curity Instrument granted by I.ender to Bonower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proccedings against any <br />Successor in Interest of Bonower 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, entiries 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 obligarions and liability shall be joint and several. However, any Borrower who <br />co-signs this 5ecurity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instnunent only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Inscrument; (b) is not personally obligate� to pay the sums secured by tlus Security <br />Instrument; and (c) agras that Lender and any other Borrower can agree to extend, modify, forbear or make <br />any accommodations with regazd to the terms of this Securiry Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of S�tion 18, any Suc.cessor in Interest of Bonower 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 S�urity Instrument. Bonower shall not be released from <br />�rrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this S�urity Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of I.ender. <br />14. Loan Charges. Lender may charge 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 this S�urity <br />Instrument, including, but not limited to, attomeys' fees, property insp�tion and valuarion f�s. In regazd to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific fe� to <br />Bonower shall not be construed as a prohibition on the charging of such f�. Lender may not charge fees <br />that aze expressly prohibited by this Security Instrument 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 chazges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge 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 excceded permitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed <br />urider the Note or by making a dir�t payment to Borrower. If a refund reduces principal, the reduction will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Borrower's acceptance of any such refund made by dir�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 notic,es given by Bonower or Lender in conn�tion with this S�urity Instrument must be in <br />writing. Any notice to Bonower in connecrion with this Security Instrument shall be deemed to have been <br />given to Bortower when mailed by first class mail or when actually delivered to Bonower's notice address if <br />sent by other means. Notice to any one Bonower shall consritute notice to all Bonowers unless Applicable <br />I.aw expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP Q <br />Wolters K�uwer Financial Services <br />Form 3028 1/O7 <br />VIVIPB(NE) 1710b) <br />Page 7 7 of 17 <br />n '` <br />r <br />