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20110322C Successor in Interest of Borrower shall not operate to release the liability of Bonower or any Successors in Interest of Borrower. Lender sha11 not be required to commence proceedings against any Successor in Intarest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by tlie original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lendex's acceptance of payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then due, sha11 not be a waiver of or pre�lude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrees that Bonower's obligations and Iiability shail be joint and several. However, any Bonower who co-signs this 5ecurity 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 Instnunent; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agr�s that Lender and any other Bonower can agree to extend, modify, forbear or make any accommodations with regard to the terms 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 Bonower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain a11 of Borrower's rights and benefits under this S�urity Instrument. Borrower sha11 not be released from Bonower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Se,curity Instniment sha11 bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. I,ender may charge Borrower f�s for services performed in connection with Borcower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regazd to any other fces, the absence of express authority in this Security Instrument to charge a specific fee to Borrower sha11 not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by tlus Security Instrument or by Applicable Law. If the Loan is subject to 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 permitted limit; and (b) any sums already collected from Borrower which exceeded peimitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whetber or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by dir�t paymeirt to Borrower will constitute a waiver of any right of action Bonower 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 Bonower in connection with this Security Instnunent sha11 be deemed to have been given to Bonower when mailed by first class ma.il or when actually 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 zequires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies 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 only one designated notice address itnder this Security Instrument at any one time. Any notice to Lender shall ba 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 Bonower. Any notice in connection with this Security Instrument sha11 not be deemed to have been given to Lender 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 the conesponding requirement under this Security Instrument. 16. Governing Law; Severability; Rul� of Construction. This Security Instrument shall be governed by federallaw and the law of the jurisdiction in which the Properiy is located. All rights and obligations contained in this 5ecuriry Instrument are subject to any requirements and limitations of Applicable I,aw. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence sha11 not 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 Applicabte Law, such conflict shall not aff�t other provisions of this S�urity 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 sha11 mean and include conesponding neuter words or words of the feminine gender; (b) words in the singular sha11 mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or, a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Properly" means any legal or beneficial interest in the Property, ineluding, but not limited to, those beneficial interests transfened in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Bonower at a future date to a purchaser. If a11 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 Borrower is sold or transfened) without Lender's prior written consent, Lender may require immediate payment in full of all sums s�ured by this Security Instrument. However, this option shall not be exercised by Lender 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 5ection 15 within which Bonower NEBRA$KA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT QacMag/c Form 3028 1/07 Page 7 of 17 � www.docmagic.com � � Ne3028.dot.�1