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20�20470� 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 Several Liability; Casigners; Successors and Assigns Bound. Bonower covenants and agrees that Bonower's obligarions and liability shall be joint and several. However, any Borrower who co-signs this Security Insirument but does not execute the Note (a "casigner"): (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 Secwity Instrument; (b) is not personally obligated to pay the sums secwed by this Security Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or make any accommodarions with regard to the terms of tlus 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 Bonower's obligations under tivs Security Instrument 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 Bonower' s obligations and liability under this Security Instrument unless Lender agrees to such release in wtiting. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 19) and benefit the successors and assigns of Lender. 13. Loan Charges. Lender may charge 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 lnnited to, attomeys' fees, properiy inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bonower shall not be construed as a prohibition on the chazging of such fee. Lender may not chazge 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 charges, and that law is finally interpreted so that the interest or other loan chazges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums akeady collected from Bonower which exceeded pemutted limits will be refunded to Bonower. Lender may choose to make ttris refund by reducing the principal owed under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chazge (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 consritute a waiver of any right of action Borrower might have arising out of such overcharge. 14. Notices. All notices given by Bonower or Lender in connection with this Security Instrument 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 Bonower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall 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. [f Lender specifies a procedure for reporting Bonower' s change of address, then Bonower shall only report a change of address through that specified procedure. T'here may be only one designated notice address under this Security Insmament at any one time. 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 notice to Bonower. 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 Instrurnent 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. 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 ttus Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the pazties 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 NEBRASKA-Single Famfly-UNIFORM INSTRUMENT DodNaglc� MODIFIm FOR DEPARTMENT OF VEfERANS AFFAIRS - MERS www.doanagic.com (Rev. 1/01) Page 9 of 14 �J� ��