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ti0�208007 <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 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 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 S�urity Instrument 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 riglat or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entiries or Successors in <br />Interest of Bonower 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. 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 ex�ute 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 secured by this Se�urity <br />Instrument; and (c) agr�s that L.ender and any other Borrower can agree to extend, modify, forbear or make <br />any accommodations with regard to the terms of this S�urity Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Borrower'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 Se�urity Instrument. Bonower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agreements of this 5ecurity Insm�ment 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 connecrion with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this S�urity <br />Instrument, including, but not limited to, attomeys' fees, properiy inspection and valuation f�s. In regard to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific fee to <br />Bonower shall not be construed as a prohibirion on the charging of such fee. Lender may not charge f�s <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 chazges colle.cted or to be collected in conn�tion with the Loan excced the <br />permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exc.eeded permitted <br />limits will be refundefl to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a dir�t payment to Borrower. If a refund reduces principal, the reduction will <br />be treatefl as a partial prepayment without any prepayment charge (whether or not a prepayment chazge is <br />providefl for under the Note). Bonower's acceptance of any such refund made by direct payment to <br />Borrower will consritute a waiver of any right of action Borrower might have arising out of such overchazge. <br />15. 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 S�urity Instrument shall be deemed to have been <br />given to Borrower 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 Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP p <br />Wolters Kluwer Financial Services <br />Fo� soze iro� <br />VMP6INE) (1105) <br />Page 11 of 7 7 <br />