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201102720 <br />Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest <br />of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower <br />or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security <br />Instrument by reason 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 acceptance of <br />payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then <br />due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees <br />that Borrower's obligations and liability shall bejoint and several. However, any Borrower who co -signs this Security <br />Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, <br />grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not <br />personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other <br />Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security <br />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 Borrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights <br />and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability <br />under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this <br />Security Instrument shall 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 with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, <br />including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the <br />absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed <br />as a prohibition on the 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 interpreted so that the <br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, <br />then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; <br />and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. <br />Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment <br />to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any <br />prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of <br />any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might <br />have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to <br />Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other <br />means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires <br />otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice <br />address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender <br />specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address <br />through that specified procedure. There may be only one designated notice address under this Security Instrument <br />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 <br />address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection <br />with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. <br />If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law <br />requirement will satisfy the corresponding requirement under this Security Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by <br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in <br />this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might <br />explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be <br />construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security <br />Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security <br />Instrument or the Note which can be given effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding <br />neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice <br />versa; and (c) the word "may" gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in <br />the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial <br />interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent <br />of which is the transfer of title by Borrower at a future date to a purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a <br />natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, <br />Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option <br />shall not be exercised by Lender if such exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower <br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT DocMagletT?Z)gD= <br />Form 3028 1/01 Page 7 of 11 www.docmagic.com <br />