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201204�9� acceptance of payments from tlurd persons, enGties or Successors in Irnerest of Borrower or in amounts less d�an die amount then due, shall not be a waiver of or preclude the eYercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Bormwer who co-signs this Security Instrument but does not eaecute die Note (a "co-signer"): (a) is casigning this Security Instrument onl,y to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instcument; (b) is not personally obligated to pay the sums secured by tlus Security Instrument; and (c) agrees that Lender and any other Borrower can agree to estend, modif,y, forbear or make any accommodations with regard to the terms of tlus Security Instrument or the Note without the co-signer's consent Subject to the provisions of SecUon 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrumeirt in writing, and is approved by Lender, sl�all obtain all of Borrower's rights and benefits under this Security Instrument. Borrower sliall 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 Securit� Instrument shall bind (e�cept as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for die purpose of protecting Lender's interest in the Properiy and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of e�press aufliority in tlus Security Instnunent to charge a specif"ic fee to Borrower shall not be construed as a prohibidon on the chargiug of such fee. Lender may not charge fees that are eYpressly prolubited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maaimum loan charges, and that law is finally interpreted so that the interest or other loan cl�arges collected or to be collected in connec6on witli the Loan eaceed the permitted limits, then: (a) any such loan cl�arge shall be reduced by the amount necessary to reduce the charge to the pernutted limit; and (b) any sums already collected from Borrower wluch esceeded pemutted limits will be refunded to Borrower. Lender may choose to make this refund by reducing tl�e principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be breated as a partial prepayment without any prepayment charge (whether or �t 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 Borrower might have arising out of such overcharge. 15. Notice.s. All notices given by Borrower or Lender in connecrion with this Security Instnunent must be in writing. Any notice to Borrower in connection with this Security Instrument slrall be deemad to have been giv�n to Borrower when mailed by first class mail or when actually delivered to Bornower's notice address if seirt by other means. Norice to any one Borrower sl�all constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address sl�all be the Propert,y Address unless Borrower lras desigmated a substitute nodce address by notice to Lender. Borrower shall promptly notify Lender of Borrower's clrange of �idress. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower sl�ll only report a cl�ange of address tl�rough diat spec�ed procedure. There may be only one designated �tice address under tlus �curity Instrument at any one time. Any norice to Lender shall be given by delivering it or by mailing it by fust class mail to Lender's address stated herein unless Lenrler l�as designated another address by notice to Borrower. Ar►y notice in connection with tlus Security Instnunent shall not be deemed to l�ve been given to Lender unfil actually received by Lender, ff an,y notice reqwired by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under tlus Security Instrumerrt. 16. Governing Law; Severability; Rules of Construction. T7vs Security Instrument sl�all be governed by federal law and the law of the jurisdiction in which the Properly is located. All rights and obligations contained in this Security Instrument are subject to arry requirements and limitations of Applicable Law. Applicable Law might ea-plicitly or implicifly allow the parties to agree by contract or it migl�t be silent, but such silence shall not be construed as a prohibition against ageemeirt by contract. In the event that airy provision or clause of tlus Security Instrument or the Note conflicts widi Applicable Law, such conflict sl�all not affect other provisions of tlus Security Instnunent or the Note wtrich can be given effect without the conflicting provision. NEBRASItA—Single Faniily—Fannie Mae/Freddie Mac UNIFORM IN5TR[JMENT Form 30281lO1 NEBRASKA-MERS O�eatDocs"' ITEM 2698L10 (072811) (Page f0 of 15)