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20110353� Successor in Interest of Bo�rrower sha11 not operate to release the liability of Borrower or any Successors in Interest of Bonower. Lender shall not be required to commence proceedings against any Successor in Interest 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 the original Borrower or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver bf or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations; and liability shall be joint and several. However, any Bonower who co-signs this Se�urity 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 Se,curity 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 exte�d, modify, forbear or make any accommodations with regard to the terms of this 5ecurity Instrument or the Note without the co-signer's consent. Subject to the provisions of 5ection 18, any Successor in Interest of Bonower who assumes Bonower'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 shall not be released from Borrower's obligations and liability under this Security Instru�ent unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument sha11 bind (except as provided in S�tion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Bonower 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, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authoriCy 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 chazge fees that aze expressly prohibited by this 5e,curity Insmunent or by Ap�licable Law. ff 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 lunits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower which excceded pemutted limits will be refiwded to Borrower. 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 (whether or not a prepayment charge is provided for under the Note). Bonower's acceptance of any such refund made by direct payment 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 Bonower 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 Bonower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to a11 Bonowers unless Applicable Law expressly requires otherwise. The notice address sha11 be the Property Address unless Bonower has designated a substitute notice address by notice to Lender. Borrower sha11 promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's chauge of address, then Borrower sha11 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 mailing it by first class mail to Lender's address stated herein u.nless Lender has designated another address by notice to Bonower. Any notice in connection with this Security Instrum¢nt 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 th� conesponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument sha11 be govemed by federal law and the law of the jurisdiction in which the Properiy is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly a1�ow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition �gainst agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable La.w, such conflict sha11 not affect other provisions of this Security Instnunent or the Note whlch can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of t�e feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "�ay" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Bonower sha11 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 Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bo,nd 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 all or any part of t1Ae 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 immed2ate payment in fu11 of a11 sums secured by this 5ecurity Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises tbis option, Lender shall give Bonower notice of acceleration. The notice shall provide a period of not less than 30 d�ys from the date the notice is given in accordance with Section 15 within which Borrower NEBRASKA--Single Family--FBnnie Mae/Freddie Mac UNIFORM INSTRUMENT QocMag/c� Form 3028 1/01 Page 7 of 11 www.docmagic.com �� V �� Ne3028.dot.�l