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2U12073G� <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 granted by Lender to Bonower <br />or any Successor in Interest of �rrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. 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 amortization <br />of the sums secured by this Security Instrurnent by reason of any demand made by the original Borrower or <br />any Successors in Interest of Bonower. 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 pr�lude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instivment but daes not execute the Note (a "co-signer"): (a) is co-signing this <br />S�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of tlus Security Instrument; (b) is not personally obligated to pay the sums se�ured by this Se�urity <br />Instrument; and (c) agrees that Lender and any other Borrower can agr� to extend, modify, forbeaz or make <br />any accommodarions with regard to the terms of this S�urity Instrument or the Note without the co-signer's <br />consent. <br />Subj�t to the provisions of S�tion 18, any Successor in Interest of Borrower who assumes Bonower's <br />obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Bonower's obligations and liability under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agreements of this Security Insmiment shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Bonower fees for services performed in conn�tion with Bonower's <br />default, for the ptupose of protecting Lender's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, attomeys' fces, property inspection and valuation fees. In regazd to <br />any other f�s, the absence of express authority in this Security Instivment to chazge a spe�ific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge feEs <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law wluch sets maicimum loan charges, and that law is finally interpreted so that <br />the interest or other loan chazges collected or to be collected in connection with the Loan exceEd the <br />permitted limits, then: (a) any such loan chazge shall be reduced by the amount ne,cessary to reduce the <br />charge to the permitted limit; and (b) any sums already coll�ted from Borrower which exce�de� permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the prin�ipal owed <br />under the Note or by making a direct payment to Borrower. If a refund re�uces principal, the redudion will <br />be treated as a partial prepayment without any prepayment chazge (whether or not a prepayment charge is <br />provided for under the Note). Borrower's acceptance of any such refund made by dir�t paymern to <br />Bonower will constitute a waiver of any right of action Bonower might have arising out of such overchazge. <br />15. Notices. All notices given by Bonower or Lender in connecrion with this Security Inst7ument must be in <br />writing. Any norice to Bonower in connection with this Security Instrument shall be deemed to have been <br />given to Bonower when mailed by first class mail or when actually delivered to Bortower's notice address if <br />sent by other means. Norice to any one Bonower shall constitute norice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Properiy Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fwm 3028 1/O7 <br />VMP Q VMP61NE) (110b) <br />Wolters Kluwer Financial Services Page 71 of 17 <br />