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200207933 <br />Security Instrument by reason of any demand made by the original Borrower or any Successors ht Interest of <br />Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's <br />acceptance of payments from third persons, entities or Successors in interest of Borrower or in amounts less than <br />the amount them due, shall not be a waiver of or preclude the 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 co-signs this <br />Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to <br />mortgage, grant and convey the co- signer's interest in the Property under are terms of this Security Instrument: (b) <br />is not personally obligated to pay the sums secured by this Security Immument; and (c) agrees that Lender and any <br />other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this <br />Security Instrument or the Note without the co- signer's consent. <br />Subject to the provisions of Section I K. any Successor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's <br />rights and benefits wider this Security Instrument. Borrower shall not be released from Borrower's obligations and <br />liability under this Security Instrument unless Lender agrees to such release in writing. the covenants and <br />agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and <br />assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights tinder this Security <br />Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any <br />other fees, the absence of express authority in this Saurity Instrument to charge a specific fee to Borrower shall not <br />be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited <br />by this Security Instrument or by Applicable Taw. <br />If the Loan is cabaret 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 connection with the Loan exceed the permitted <br />limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted <br />limit; and (b) any sums already collected front Borrower which exceeded permitted limits will be refunded to <br />Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a <br />direct payment to Borrower- if a refund reduces principal, the reduction will be treated as a partial prepayment <br />without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's <br />acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action <br />Borrower might have arising out of such overcharge. <br />15, Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be <br />in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given <br />to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address ifxenl by other <br />means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable law expressly <br />requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute <br />notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. if <br />Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change <br />of address through that specified procedure. There may be only one designated notice address under this Security <br />Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail <br />to Lender's address stated armor unless Lender has designated another address by notice to Borrower. Any notice <br />in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received <br />by Lender. If any notice; required by this Security Instrument is also required under Applicable Law, the Applicable <br />Law requirement will satisfy the corresponding requirement under this Security Instrument. <br />16. Governing Law; Seeerabflity; Rules of Construction. This Security Instrument shall be governed by <br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in <br />this Security Instrument are subject to sty 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 />Instrument or the Note confliela with Applicable Law, such conflict shall not affect other provisions of this Security <br />Instrument or the Note which can be given effect without the conflicting provision. <br />NKRRASKA— single Gamily— Fannie Mae/Freddie Mac UNIFORM INSTRIIMPor Form 3028 1 /01 <br />Modified For VA <br />crr,1111r, n /un000 (Page 9 of 13 PgCU) <br />