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2011a3� Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entihes or Suocessors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of a,ny right or remedy. 13. Joirtt and Several Liabillty; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Bonower's obligations and liability sha11 be joint and several. However, any Borrower who co-signs tlus Security Instrument but does not e�cecute the Note (a "co-signer"): (a) is co-signing this Security Insfaument only to mortgage, grant and convey the co-signer's interest in. the Properly 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 Lender and any other Bonower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Inshument or the Note without the co-signer's consen� Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, sha11 obtain all of Borrower's rights and benefits under this 5ecurity Instrument. Borrower sha.11 not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writin$. The cAVenants and agreements of this Security Instrument shall bind (e�ccept 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 Bonower'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 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 prolubition on the charging of such fee. Lender may not charge fees that are exprsssly prohibited by this Security Instrument 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 loan charges collected or to be collected in connection with the Loan exceed the permitted 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 Bonower which exceeded pernutted limits will be refunded to Bortower. Lender may choose to make 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). Bortower's a.cceptance of any such refund made by direct payment Yo Borrower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. 13. Notices. All notices given by Bvrrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to ha.ve been given to Bortower when mailed by first class mail or when actually delivered to Bonower`s notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Properly 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 Bonower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender sha11 be given by delivering it or by mailiz�g it by first class mail to Lender's address stated herein unless Lender ha.s designated another address by notice to Borrower. Any ttotice in connecfiox� with this Security Instrument shall 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 corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. Tlus Security Instrument sha11 be governed by federal law and the law of the jurisdiction in whieh the Property is located. All rights and obligations contained in this Seourity Inslrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by cotttract or it might be silent, but such silence shall not be construed as a prohibition HCFG-003b9 NEBRASKASingle Fem11y-Fannfe Mee/Freddfe Mac UNIFORM INSTRUMENT Form 3026 1/07 VMP� Wolters IauwerFinarxial Servicea 207104254.0.0.0.4002-J20100902Y Page 9 oi 13 17