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��120229� 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tune for payment or modification of amortization of the sums s�ured by this Security Instrument granted by Lender to Bonower or any 5uccessor in Interest of Bonower sha11 not operate to release the liability of Borrower or any Successors in Interest of Bonower. Lender shall not be required to commence proceedings against any 5uccessor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. Any forbearance 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 Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Casigners; Successors and Assigns Bound. Borrower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who co-signs this 5ecurity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sutns se.cured by this Security Instrument; and (c) agr�s that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this S�urity Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Bortower's obligations under this Security Instrument in writing, and is approved by Lender, sha11 obtain all of Borrower's rights and benefits under this 5ecurity Instrument. Bonower shall not be released from Borrower's obligations and liability under this 5ecurity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of L�nder. 14. Loan Charges. Lender may chazge Bonower f�s for services performed in connection with Borrower's default, for the purpose of prot�ting 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 fces, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not chazge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subj�t to a law which 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 excee� the permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the charge to the permitted lunit; and (b) any sums already coll�ted from Borrower 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 Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Bonower might have arising out of such overchazge. 15. Notice.s. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deeme� to have been given to Borrower when mailed by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address sha11 be the Property Address unless Bonower has designated a substitute notice address by notice to Lender. Bonower shall promptly notify Lender of Bonower's change of address. If Lender specifies a procedure for reporting Bonower's change of address, then Bonower sha11 only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender sha11 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 notice to Bortower. 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 corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be govemed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly a11ow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instnunent or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Se.curity Instnunent or the Note which can be given effect without the conflicting provision. As used in ttus Security Instrument: (a) words of the masculine gender sha11 mean and include corresponding neuter words or words of the feminine gender; (b) words in the singulaz sha11 mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any acrion. 17. Borrower's Copy. Bonower shall be given one copy of the Note and of this Security Instniment. 18. Transfer of the Property or a Bene�cial Intere.st in Borrower. As used in tlus Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transfened in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If a11 or any part of the Property or any Interest in the Property is sold or transferred (or if Bonower is not a natural person and a beneficial interest in Bonower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Se,curity Instrument. However, this op� shall not be exercised by Lender if such exercise is prohibited by Applicable Law. � i NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT I I pa�g/�� Form 3028 1J01 Page 7 of 11 / www.docmagfc.com Ne3028.dot.�1