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20�106142 Bonower. Lender shall not be required to comrnence proceedings against any Successor in Interest of Bonower 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 Borrower. 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 of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-slgners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Bortower who co-signs this 5ecurity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this 5ecurity Instcument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Inshument; (b) is not personally obligated to pay the sums secured by this Secuzity Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make atty 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 Borrower who assumes Borrower's obligafions under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instntmen� Borrower shall not be released from Borrower's obligafions and liability under this Security Instrument unless Lender agrees to suoh release in writing. The covenants and agreements of this Security Inslrument shall bind (except a� provided in Section 20) at�d benefit the successors a.nd assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in cozinection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrumen� including, but not limited to, attorneys' fees, property inspection and valuation fees. Tn regard to any other fees, the absence of e�cpress authority in this 5ecurity Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Insttument or by Applicable Law. If the Loan is subj ect 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 pemutted Iimit; and (6) any sums already collected from Borrower which exceeded pernutted limits will be refunded to Borrower. Lender may choose to make this refixnd by reducing the principal owed under tlie Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a pa.rtial prepayment without a,ny prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrowex 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 have been given to Borrower 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 all Borrowers unless Applicable Law expressly requires 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 cha.nge of address, then Borrower shall only report a change of address through that specified procedure, There may be only one designated notice address under this Security Instntment 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 unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Inshv,ment 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 Applica6le Law requirement will satisfy the conesponding requirement under this 5ecurity Instrument. HCFG-OIXi59 NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT VMP� Wolters Kluwer Finar�ial Servicas 201108164.0.0.0.4002-J20110224Y Form 3028 1/01 Page 9 oT 13 5 11