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20�206�77 <br />forbearance by Lender in exercising any right or remedy including, without limitation, Lender' s acceptance of <br />payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then <br />due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrees <br />that Bonower' s obligarions and liability shall be joint and several. However, any Bonower who co-signs this Security <br />Instrument but does not execute the Note (a "casigner" ): (a) is casigning this Security Instnunent only to mortgage, <br />grant and convey the co-signer's interest in the Propetty under the ternls of this Security Instrument; (b) is not <br />personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other <br />Borrower can agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Security <br />Instrument or the Note without the casigner's consent. <br />Subject to the provisions of Section 17, any Successor in Interest of Bonower who assumes Bonower's <br />obligarions under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower' s rights <br />and benefits under this Security Instrument. Borrower shall not be released from Bonower' s obligations and liability <br />under tlus Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this <br />Security Instrument shall bind (except as provided in Section 19) and benefit the successors and assigns of Lender. <br />13. Loan Charges. Lender 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 Instrument, <br />including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the <br />absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be consirued <br />as a prolubition on the charging of such fee. Lender may not chazge fees that aze expressly prohibited by this Security <br />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 the <br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, <br />then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the permitted limit; <br />and (b) any sums already collected from Borrower wtuch exceeded permitted limits will be refunded to Bonower. <br />Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment <br />to Bonower. If a refund reduces principal, the reduction will be treated as a pattial prepayment without any <br />prepayment charge (whether or not a prepayment charge is provided for under the Note). Bonower' s acceptance of <br />any such refund made by direct payment to Borrower will consritute a waiver of any right of action Borrower might <br />have arising out of such overcharge. <br />14. Notices. All notices given by Borrower 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 given to <br />Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other <br />means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable Law expressly requires <br />otherwise. The notice address shall be the Property Address unless Bonower has designated a substitute notice <br />address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender <br />specifies a procedure for reporting Borrower' s change of address, then Bonower sha11 only report a change of address <br />through that specified procedure. There may be only one designated notice address under this Security Insirument <br />at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class maal to Lender's <br />address stated herein unless Lender has designated another address by notice to Bonower. Any notice in connection <br />with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. <br />If any norice required by this Security Instrument is also required under Applicable Law, the Applicable Law <br />requirement will satisfy the conesponding requirement under this Security Instrument. <br />15. Goveming Law; Severability; Rules of Construction. This Security Instrument shall be govemed by <br />federal law and the law of the jurisdiction in which the Properiy is located. All rights and obligations contained in <br />this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might <br />explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be <br />construed as a prohibition against agreement by contract In the event that any provision or clause of this Security <br />NEBRASKA-Single Family-UNIFORMINSTRUMENT DoeMagle� <br />MODIFlm FOR DEPARTMENT OF VEfERANS AFFAIRS - MERS www.docmagtc.com <br />(Rev. 1/01) Page 9 of 14 <br />II IIIIIU IIII I�I I�� I III I I II I� II I I IIIIII I III IIII�I I III <br />