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201205400 <br />12. BorrowerNot Released; ForbearanceBy LenderNot a Waiver. Extension of the time for payment or <br />modification of amottization of the sums aecured by this Security Instrument granted by Lender to Borrower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Bortower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amot�tization <br />of the sums secuted by this Security Instrument by reason of any demand made by the original Borrower or <br />any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entities 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 AssignsBound.Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, graut and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Boaower can agree to extend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Instrument or the Note without the co-sigaer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower w$o assumes Boaower'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 Secutity Inshument. Borrower shall not be released from <br />Bonower's obligations and liability under tlus Security Instrument uuless Lender agrees to such release in <br />writing. The covenants and ageements of this Security Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Properly and rights under this Security <br />Instntment, including, but not lunited to, attorneys' fees, property inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific fee to <br />Bortower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges 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 petmitted limit; and (b) any sums alre,ady collected from Borrower wluch exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Bortower. If a refund reduces principal, the reduction will <br />be treated as a pattial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provid�d for under the Note). Bonower's acceptance of any such refund made by direct payment to <br />Borrower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. NotiCes. All notices given by Bonower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Bonower in connection 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 Borrower's notice address if <br />sent by other means. Notice to any one Borrower shall constitute notice to all Bortowers unless Applicable <br />Law expressly requires otherv�rise. The notice addtess shall be the Property Address unless Bortower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie AAac UNIFORM INSTRUMEN'f <br />VMP � <br />Wolteis Kluwer Flnancial Servic� <br />/ <br />Fortn 30281/01 <br />VMPB(NE) (110b).QO <br />Pege 11 of 17 <br />�� <br />