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201 206530 <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 se,cured 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 Bonower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizarion <br />of the sums secured by this S�urity Instrument by reason of any demand made by the original Bonower 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 5uccessors in <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or pre,clude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and <br />agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower 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, grant 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 s�urefl by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agre� to extend, modify, forbear or make <br />any accommodations with regazd to the terms of this Security Instiument or the Note without the co-signer's <br />consent. , <br />Subj�t to the provisions of 5ecrion 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under this Security Instivment in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. Bonower shall not be releasefl from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Se�urity Instrument shall bind (except as provided in S�tion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. L�nder may charge Bonower fees for services performed in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, attomeys' fees, property insp�tion and valuation fees. In regard to <br />any other fees, the absence of express authority in this Security Insmiment to charge a sp�ific fee to <br />Bonower shall not be construed as a prohibirion on the chazging of such fee. Lender may not charge f�s <br />that aze expressly prohibited by tlus S�urity Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that <br />the interest or other loan charges coll�ted or to be collected in conne,ction with the Loan exceed the <br />pemutted limits, then: (a) any such loan charge shall be reduced by the amount ne�essary to reduce the <br />chazge to the permitted limit; and (b) any sums already collected from Borrower which exceedefl permitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principai owefl <br />under the Note or by making a direct payment to Borrower. If a refund refluc� principal, the reriuction will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment chazge is <br />provided for under the Note). Borrower's acceptance of any such refund made by dir�t payment to <br />Bonower 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 Ue in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deeme� to have b�n <br />given to Bonower when mailed by first class mail or when actually delivered to Bonower's notice address if <br />sent by other means. Notice to any one Bonower shall constitute norice to all Bonowers unless Applicable <br />L.aw expressly requires otherwise. The norice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1/Ot <br />VMP Q VMP6INE) �1105) <br />Wolters Kluwer Flnancial Services Page 11 of 17 <br />+ ' � u , <br />