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20071.0284 any demand made by the original Borrower or any Successors in Intcrest of Borrower. Any forbearance by Lender in cxereising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of BOlTower or in amounts less than the amount then due, shall not be a waiver of or preclude the exerei se of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. BOlTower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrumcnt but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under thc terms ofthis Security Instrument; (b) is not personally obligated to pay the sums secured by this Sccurity Instrument; and (c) agrees that Lender and any othcr Borrowcr can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Intercst of Borrower who assumes BOlTower's obligations under this Security Instrument in writing, and is approved by Lcnder, shall obtain all of BOlTower's rights and benefits under this Security Instrument. BOlTower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as providcd in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for scrvices pcrformed in cOlmection with BOlTower's default, for the purpose of protecting Lendcr's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to [my other fees, the absence of express authority in this Security Instrument to charge a specific fee to BOlTower 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 excced the permitted limits, then: (a) any such loan charge shall be reduced by the amount nccessary to reduce the charge to the permitted limit; and (b) any sums alrcady collccted from Borrower which cxcceded penllitted limjts will be refunded to Borrower. Lendcr may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to BOlTower. If a refund reduces principal, the rcduetion will be treated as a partial prepayment without any prepayment charge (whether or not a prcpayment charge is provided for under the Note). BOlTower'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 noticcs given by Borrower or Lender in connection with this Sccurity Instrumcnt must bc in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to BOlTower whcn mailed by first class mail or whcn actually delivered to Bon'ower's notice address if sent by othcr means. Notice to any one BOlTower shall constitute notice to all Borrowers unless Applicablc Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has dcsignatcd a substitute notice address by notice to Lender. BOlTower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for repOliing Borrower's change of address, then Borrower shall only report a change of addrcss through that specified procedure. 1l1ere may bc only onc dcsignated noticc address under this Security Instrument at anyone time. Any noticc 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 noticc to Bonower. Any notice in connection with this Security Instmment shall not bc deemed to havc been given to Lender until actually received by Lender. If any noticc rcquircd by this Security InstnllTIent is also required under Applicable Law, the Applicable Law requirement will satisfy the corrcsponding rcquirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be govcrned by fedcral law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument arc subject to any requirements and limitations of Applicable Law. Applicable Law might cxplicitly or implicitly allow the parties to agree by contract or it might be silent, but such silencc shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause or this Security Instrumcnt or thc Notc conflicts with Applicable Law, such conflict shall not affect other provisions of this Sccurity Instrument or the Note which can he given ctl'cct without the conflicting provision. ._--'-'_._--_._.~..._---_.,..".,.__.- .....--------------- Nehraska need of Trust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ---THE COMI'LIANCE SOURCE, INC... Page ') of lJ www.complianl.xSO\II"Cc.coln MERS Modified Form 302M 01/01 14JOINE 08100 (C)2000, 'IlK Compliance Source, Inc. 5778896 ~\lI ~ ~.