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�oioo�7s� Successor in Interest of Borrawer shall not operate to release the liability of Borrawer or any Successors in Interest of Borrower. Ler►der shall not be required to comrnence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify a�mortization of the sums secured by this Security Instrunnent by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by I,ender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entiCies or Successors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrawer covenants and agrees that Borrower's obligations and liability shall be jaint and several. However, any Bonrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this SecuriCy Instrument anly to rnortgage, grant and convey the co-signer's interest in the Praperty under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that I.ender and any other Borrower can agree to extend, modify, forbear or make any accornmodations with regard to the terims of this 5ecurity Instrument or the Note without the co-signer's cnnsent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this 5ecurity Instrument. Borrower shall not be released from Bonower's obligations and liability under this Security Instrument unless Lender agrees t� such release in writing. The covenants and agreernents of this Security Instrument shal.l bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. L,ender rnay charge Borrower fees for services performed in connection with Borrower's default, for the purpose of proCecting Lender's interest in the Property and rights under this Se�urity Instrurnent, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee ta 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 ta a law which sets maximum loan chazges, 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 pernutted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pernutted limit; and (b) any sums already collected from Borrower which exceeded pernutted lirnits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal awed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayrnent without any prepayrnent charge (whether ar not a prepayment charge is provided far 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 azising out of such avercharge. 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 actu�lly delivered to Borrower's notice address if sent by other means. Notice to any one 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 addaress by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender speci�es a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be anly one designated notice address under this Security Instrument at any one 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 notice in connection with this Security Instrument shall not be deemed to have been given to l..ender 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 thc corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules oP 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 this 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 Nate conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument; (a) words of the masculine gender shall mean and include corresponding neuter wards or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Sorrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a BenefScial Interest in Borrower. As used in this Section 18, "Interest in the Property" rneans any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreernent, the intent of which is the transfer of title by Barrower at a future date to a purchaser. If �11 or any part of the Prqperty ar any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's priar written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable I.aw. If Lender exercises this aption, Lendcr shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borcower NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 ' Page 7 of 1 1 � � DocMagiC � s 00-649-f367 www. docmagic. com Ne3Q28.dot.xml