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�0�107035 <br />12. Borrower Not Rele�sed; Forbearance By Lender Not a Weiver. Extension of the time for payment or <br />modif'ication of amortization of the sums secured by this Security Instrument granted by Lender to Borrower <br />or any 5uccessor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest af Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instrument by reason of airy demand made by the original Borrower or <br />any Successors in Interest of Borrower. Any forbEarance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entities or Successors ut <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />13. Joint end Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to martgage, grant and convey the co-signer's �nterest in the Prop�rty under the <br />terms of this 5ecurity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that I.ender and any other Bonower can agree to extend, modify, forbear or make <br />any accommodations with regard to the tenms of this 5ecurity Instrument or the Note without the co-signer's <br />consent. <br />5ubject to the provisions of Section 18, any Successoz in Interest of Borrower who assumes Borrower's <br />obligations under this Security Insirument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Bonower's obligations and liability under this Security Instrument unless Lender agrees to such relea.se in <br />writing. The covenants and agreements pf this Security Insirument shall bind (except as provided in Section <br />ZO) and benefif the successors and assigns of Lender. <br />14. Lo�n Cherges. Lender may chatge Borrower fees for services performed in connection with Borrower's <br />default, for the purpase of protecting Lender's interest in the Property and rights under this Security <br />Insfaument, including, but not linnited to, attorneys' fees, progerty insgection and valuation fees. In re�ard to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that are expressly prohibited by this Security Instrument or by Applicable L.aw. <br />If the Loan is subject to a law which sets maxunum inan charges, and that law is finally interpreted so that <br />the interest oz other loan charges collected or to be collected in connection with the Loan exceed the <br />germitted limits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums alrea,dy collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. L,ender may choose to make this refund by reducing the princigal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principa.l, the reduction will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />grovided for under the Note). Borrower's acceptance of any such refund made by direct payment to <br />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 Borrawer or Lender in connection with this Security Instrument must be in <br />wniting. Any notice ta Borrower in connection with this Security Instrument shall be deemed to have been <br />given #o Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if <br />sent by other means. Notice to any one Bortower shall constitute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Properly Address unless Bonower has <br />NEBRASKA-Single Family-Fannia Mae/Fraddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Woltera Kluwer Flnerxial Servicea <br />Form 3028 1 /01 <br />VMP6(NE) 11106).00 <br />Pags 11 of 77 <br />