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200602428 not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Severnl Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees tbat Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a Uco-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay tbe sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tenns of this Security Instrument or the Notc without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower wbo assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shaH obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shaH not be released from Borrower's obligations llnd liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of tbis Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for serviccs performed in connection with Borrower '5 default, for the purpose of protecting Lender's interest in the Property and rights under this Set:urity Instrument, including, but not limited to, attorncys' fees, property inspct:tion and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lendcr may choose to make tbis refund by redut:ing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment t:harge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, tben Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any noticc in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy tbe corresponding requirement under this Security Instrument. 16. Governing Law; Sevcrd.bility; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in tbis Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts witb Applicable Law, such conflict shall not affect other provisions of this Security Initi'bj~2:~ Form 3028 01 1 14001NE 08/00 iJ2000, The Compliance Source, Inc. [Doc ID 6646] Nebraska Deed of Trust-Single Family-Fannie Mlle/I.reddic Mile UNIFORM INSTRUMENT -THE COMPLIANCE SOURCE, INC.- Page 10 of 14 www.compliancesource.com