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2011U2844 <br />Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to <br />refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by <br />' reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by <br />Lender in exercising any right or remedy including, without limitation, Lender's acceptance.of payments from third <br />persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver <br />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 be joint 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 personally <br />obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can <br />agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the <br />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 obligations under <br />this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under <br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security <br />Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instntment <br />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 default, <br />for the purpose of protecting Lender's interest in the Properly and rights under this Security Instrurnent, including, but <br />not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express <br />authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the <br />charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instntment or by Applicable <br />Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest <br />or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any <br />such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums <br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to <br />make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund <br />reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not <br />a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment <br />to Borrower will constitute a waiver of any right of action Borrower might 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 writing. <br />Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower <br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice <br />to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The <br />notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to <br />Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for <br />reporting Borrower's change of address, then Borrower sha11 only report a change of address through that specified <br />procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice <br />to Lender sha11 be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender <br />has designated another address by notice to Borrower. Any notice in connection with this Security Instntment shall not <br />be deemed to have been given to Lender until actually received by Lender. If any notice required by this 5ecurity Instrument <br />is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under <br />this Security Instrument. <br />HCFG-00359 <br />NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />VMP� <br />Wolters Kluwer Financial Services 201104084.0.0.0.4002-J20100902Y <br />Form 3028 1/01 <br />Page 9 of 13 <br />1 15' <br />� <br />