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<br />200709769 <br /> <br />;\ /I 1\1 iscc Ilancous Proceeds that are not appl icLl to restoration or repair () ['the Propcliy shall <br />be applied in the order provided Cor in Section 2, <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the <br />time Itlr payment or modification of amortization of the sums secured by this Security Instrument <br />granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release <br />the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to <br />commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason <br />of any demand made by the original Borrower or any Successors in Interest of Borrower. Any <br />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 Horrower or in <br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right <br />or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower <br />covenants and agrees that Borrower's obligations and liability shall be joint and several. However, <br />any Borrower who co.signs this Security Instrument but does not execute the Note (a "co-signer"): <br />(a) is co.signing this Security Instrument only to mortgage, grant and convey the co-signer's interest <br />in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the <br />sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can <br />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 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall <br />obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be <br />released from Borrower's obligations and liability under this Security Instrument unless Lender <br />agrees to such release in writing. The covenants and agreements of this Security Instrument shall <br />bind (except as provided in Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection <br />with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights <br />under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and <br />valuation fees. In regard to any other fees, the absence of express authority in this Security <br />Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the <br />charging of such fee. Lender may not charge fees that are expressly prohibited by this Security <br />Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally <br />interpreted so that the interest or other loan charges collected or to be collected in connection with <br />the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from <br />Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to <br />make this refund by reducing the principal owed under the Note or by making a direct payment to <br />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 <br />Note), Borrower's acceptance of any such refund made by direct payment to Borrower will <br />constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br /> <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> <br />Fo'm"P/' (pog'}lofI6pag.., <br /> <br /> <br />Initial*- <br />