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��1�0�� Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest af Borrower. Lender shall not be required to cornmence praceedings against any Successor in Interest of Borrawer or to refuse to extend time for payment or otherwise rnodify arnortization of the sums secured by this Security Instrument by reason of 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 lirnitation, Lender's acceptance of payments frozn third persons, entities or Successors in Interest of Barrower or in arnounts 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; Successprs and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. Hawever, any Borrower who co-signs this Secuxity Instrument 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 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 accommodations with regard ta the tern�s of this Security Instrurnent or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrurnent in vc+riting, and is appraved by Lender, shall abtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be releas�d from Borrower's obligations and liabiliCy under this Security Instrument unless L,�nder 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 Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting I..ender'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 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. L,�nder rnay not charge fees that are expressly prohibited by this Security Instrurnent 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 laan charges collected ar 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 perrnitted lirnits will be refunded to Borrower. Lender rnay chppse ta make this refund bq reducing the principal owed under the Npte or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayrnent charge (whether or not a prepayment charge is provided for under the Note). Borrawer'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 overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this 5ecurity 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 �rst class mail or when actually delivered to Borrower's notice address if sent by other means. NoCice Co any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Bprrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Barrpwer's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only repart a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any ane time. Any notice to I,ender sha11 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 I,ender until actually received by Lender. If any notice required by this Security Instrurnent is also required under Applicable Law, the Applicable Law requirement will satisfy Che corresponding requirennent under this Security Instrurnent. 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 Securiry Instrurnent are subject to any requirements and limitations of Applicable Law. Applicable Law rnight explicitly or implicitly a11ow 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 Che event that any provision or clause of this Security Instrunnent or the Note conflicts with Applicable Law, such cont7icC shall not affect other provisions of this Security Instrument ar the Note which can be given effect without the conflicting provisian. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words ar words 4f the feminine gender; (b) wards 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, Borrawer's Copy. Borrower shall be given qne cppy of the Note and of this Security Instrument. 18. Transfer of the Property or a Bene�cial 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, installrnent sales contract or escrow agreemenC, the intent of which is the transfer of title by Borrower 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 interesc in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payrnent in full of all sums secured by this Secarity Instrument. However, this option shall not be exercised by L.ender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender 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 Sectian 15 within which Borrower � �� NEBRASKA--Single Femily--Fannie Mae/Freddie Mac UNIFQRM INSTRUMENT DocMagic � aoo-s4s-rsss Form 3028 1/01 Page 7 of 11 www.docmagic.com Ne3028.dot. xml