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201048437 Successor in Interest of Borrower shall not operate to release the liability of Barrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrawer or to refuse to extend time for payment or otherwise modify amortization of the sums secuxed by this Security Instrument by reason af any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, L.ender's acceptance of payments from third persons, entities 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. Borrower covenants and agrees that Borrower's obligatians and liability shall be joint and several. However, any Borrower who co-signs this Security Instrurnent but does not execute the Nate (a "co-signer"): (a) is co-signing this Security Instrurnent 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 the sums secnred 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 tern�s of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assurnes Borrovc+er's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Bonower 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 provided in Section 20) and benefit the successors and assigns of I,ender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited ta, attarneys' 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 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 Instrurnent or by Applicable I.aw. If the Loan is subject to a law which sets maxirnum loan charges, and that law is finally interpreted so that the interest or ather loan charges collected or to be collected in connection with the Loan exceed the permitted lirnits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge ta the pemutted lirnit; and (b) any surns already cvllected fram Borrower which exceeded pernutted limits will be refunded ta Borrawer. Lender may choose to nnake this refund by reducing 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 charge 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 3ecurity 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 any one Borrower shall constitute notice to all Barrowers 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 prpmptly notify Lender of Borrower's change of address. If I.,ender specifies a proce�lure fvr reporting Borrower's change of address, then Borrower shall only report a change of address through that specified pracedure. Tfiere may be only 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 I.ender has designated another address by notice to Borrower. Any natice in connection with this Security Instrument shall not be deemed to have been given to I.ender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable �.aw, the Applicable Law requirernent will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Praperty is located. All rights and obligations contained in this Security Instrurnent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly ar irnplicitly allow the parties ta agree by contract or it might be silent, but such silence shall nat 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 with Applicable I.aw, such conflict shall noC 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 words 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 obligatian to take any action. 17. Borrower's Cvpy. Borrower shall be given one copy af the Note and of this Security Instrument. 18. TransPer of the Properry or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, chose beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borirower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Bprrpwer is sold or transferred) without Lender's prior 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 I.ender if such exercise is prohibited by Applicable Law. If Lender exercises this optipn, Lender shall give Borrower notice of acceleratian. The notice shall provide a period of not less than 30 days from the date the nvtice is given in accordance with Section 15 within which Borrower NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DOCMdgiC � aoo-s49-fss2 Form 3028 1/01 Page 7 of 9 1 www.docmagic.cam I`�E�c:1/J:�GfR7i�T