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�0�2U954G <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 Bonower 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 atty <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 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 right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, enriries or Successors in <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude 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 Bonower's obligarions and liability shall be joint and several. However, any Borrower who <br />co-signs this S�urity Instrument but does not ex�ute the Note (a "co-signer"): (a) is co-signing this <br />Se�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this S�urity Instrument; (b) is not personally obligated to pay the sums securefl by this Se�urity <br />Instrument; and (c) agrees that Lender and any other Bonower can agre� to extend, modify, forbear or make <br />any accommodations with regazd to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any Suc.cessor in Interest of Bonower who assumes Bonower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instrument. Bonower shall not be released 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 5ecurity Insmiment shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fe�s for services performed in connection with Bonower's <br />default, for the purpose of prot�ting Lender's interest in the Property and rights under this S�urity <br />Instrument, including, but not limited to, attorneys' f�s, properiy inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this S�urity Instrument to charge a specific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that are expressly prohibited by this S�urity Insmiment 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 charges collected or to be collected in conn�tion with the Loan exceed the <br />permitted limits, then: (a) any such loan charge 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 exceeded germitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal o�+e� <br />under the Note or by making a direct payment to Borrower. If a refund refluc�es principal, the reduction 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). Bonower's acceptance of any such refund made by dir�t payment to <br />Borrower will constitute a waiver of any right of action Borrower might have arising out of such overchazge. <br />15. Notices. All norices given by Bonower or Lender in connection with this Security Instivment must be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemefl to have been <br />given to Bonower when ma.iled by first class mail or when actually delivered to Borrower's norice address if <br />sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Fraddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6(NE) (1105) <br />Woitere Ktuwer Financial Services Page 11 of 17 <br />