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201209435 <br /> 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for paymert or <br /> modification of amortiza[ion of[he sums secured by this Security Instrument granted by Lender to Bottower <br /> or any Successor in Interest of Bonower shall not operate ro release the liabiliry of Borrower or any <br /> Successors in Interest of Borrower. Lender shall not he required ro commence proceedings against any <br /> Successor in In[erest of Borrower or to refuse to extend time for payment or o[herwise modify amortization <br /> of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br /> any Successors in Intemst of Borrower. Any forbearance by Lender in exercising any right or remedy <br /> including, without limitation, L.ender's acceptance of payments from third persons, entities or Successors in <br /> Interes[of Borrower or in amounts less than the amount[hen due, shall not be a waiver of or preclude the <br /> exercise of any right or remedy. <br /> 73. Joint and Several Liebility; Co-signers; Successors and Assigns Bound. Borrower covenants and <br /> agrees tha[ Borrower's obligations and liability shall be joint and several. However, any Borrower who <br /> co-signs this Security Instrument but does not execu[e the Note(a "w-signer"): (a) is co-signing this <br /> Security Instrument only to mortgage, gran[and convey the co-signer's i�terest in the Property under the <br /> terms of[his Security Instrument; (b) is not personally obligazed ro pay the sums secured by this Security <br /> Instrument; and (c) agrces that Lender and any other Borrower can agree to eztend, modify, forbear or make <br /> any accommodations with regard to the[erms of this Security Instrument or[he Note without[he co-signer's <br /> consent. <br /> Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's <br /> obligations under this Security Instrument in writing, and is approved by Lender, shall ob[ain all of <br /> Borrower's rights and benefits under this Se�urity Instrument. Borrower sha11 not be released from <br /> Borrower's obligations and liabiliry under this Securiry Instrument unless Lender agrees to such release in <br /> writing. The covenants a�d agreements 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 chazge Borrower fees for services performed in connection with Borrower's <br /> default, for the purpose of protecting Lender's interest in the Property acid rights under this Security <br /> Instnunent, including, but not limited to, attomeys' fees, property inspec[ion and valuation fces. In regazd[o <br /> any other fees, the absence of express authority in this Security Instrument[o charge a specific fee to <br /> Borrower shall not be wnstrued as a prohibition on the chazging of such fee. L.ender 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 which sets maeunum loan charges, and that law is finally interpreted so that <br /> the interest or o[her loan chazges collected or ro be wllected in connection with the Loan exceed 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 Borcower which exceeded permitted <br /> limits will be refunded[o Borrower. Lender may choose to make this refund by reducing the principal owed <br /> under the Note or by maldng a direct payment to Borrower. If a refund reduces principal, the reduction will <br /> be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is <br /> provided for under the Note). Borrower's acceptance of any such refund made by direct payment to <br /> Bonower will constitute a waiver of any right of action Borrower might have arising out of such overchazge. <br /> 15. Notices. All notices given by Borrower or L,ender in connection with this Security Instrument must be in <br /> writing. Any notice to Borrower in connection with[his Security Instrument shall be deEmed to have been <br /> given[o Borrower when mailed by first class mail or when actually delivered to Sonower's notice address if <br /> sent by other means. Notice to any one Borrower shall wnstitute notice to all Borrowers unless Applicable <br /> Law expressly requires otherwise. The no[ice address shall be the Proper[y Address unless Borrower has <br /> NE6RASKA-Singie Family�Fannie Mae/F��tlie Mac UNIFOFM INSTfit1MENT Form 3028 1I01 <br /> VMP� VMPBINEI 111051.00 <br /> Wolters Kluwer Finenciel Sarvices Page 11 0l i] <br />