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20120476� <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 Security Instrument ganted by Lender to Bonower or any <br />Successor in Interest of Borrower sha11 not operate to release the liability of Borrower or any Successors in Interest of <br />Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to <br />refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Inshvment by <br />reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by <br />Lender in exercising any right or remedy including, without limitarion, Lender's acceptance of payments from third <br />persons, enrities or Successors in Interest of Borrower or in amounts less than the amount then due, sha11 not be a waiver <br />of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that <br />Borrower's obligations and liability shall be joint and several. However, any Bonower who casigns tlus Security <br />Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, <br />grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally <br />obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can <br />agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the <br />Note without the co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Borrower's obligations <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits <br />under this Security Instrument. Borrower sha11 not be released from Borrower's obligarions and liability under this <br />Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security <br />Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services perFormed in connecrion with Borrower's default, <br />for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but <br />not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express <br />authority in this Security Instrument to charge a specific fee to Borrower shall not be consh�ued as a prohibition on the <br />charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by <br />Applicable Law. <br />If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that the <br />interest or other loan chazges collected or to be collected in connection with the Loan exceed the permitted limits, then: <br />(a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any <br />sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may <br />choose to make this refund by reducing the principal owed under the Note or by maldng a direct payment to Borrower. If <br />a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chazge (whether <br />or not a prepayment chazge is provided for under the Note). Borrower's acceptance of any such refund made by direct <br />payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. <br />Any norice to Bonower in connection with this Security Instrument shall be deemed to have been given to Borrower <br />when mailed by first class mail or when actually delivered to Bonower's norice address if sent by other means. Notice to <br />any one Borrower shall constitute norice to all Bortowers unless Applicable Law expressly requires othervvise. The notice <br />address shall be the Property Address unless Bortower has designated a substitute notice address by norice to Lender. <br />Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedwe for reporting <br />Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. <br />There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender <br />shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has <br />designated another address by notice to Borrower. Any notice in connecrion with this Security Instrument shall not be <br />deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument <br />is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under <br />this Security Instrument. <br />NEBRASKA Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERSForm 3028 1/01 <br />Page 9 of 13 ���_"' _��i <br />ios, mc. BoROwer(s) Initlal �/� <br />