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�O�i07044 <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortizarion of the sums secured by this Security Instrument granted by Lender to Borrower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Bonower. Lender shall not be required to commence procceflings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this S�urity Instnunent by reason of any demand made by the original Bonower or <br />any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitarion, Lender's acceptance of payments from third persons, entiries or Successors in <br />Interest of Bonower 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 and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrees that Bonower's obligarions and liability shall be joint and several. However, any Bonower who <br />co-signs this Securiry Instrument but does not execute the Note (a "co-signer"): (a) is co-signing tlus <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instnunent; and (c) agrees that Lender and any other Bonower can agree to extend, modify, farbear or malce <br />any accommodations with regazd to the terms of this Security Instrument or the Note �vithout the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Insm�ment. Bonower shall not be released from <br />Bonower's obligarions and liability under tlus Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of ttus Security Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of I.ender. <br />14. Loan Charges. Lender may charge Bonower fees for services performefl in connection with Bonower's <br />default, for the purpose of protecting I,ender's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this S�urity Instrument to charge a spe,cific f� to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not chazge f�s <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be coll�ted in conn�rion with the L.oan exceed the <br />permitted limits, then: (a) any such loan charge shall be refluced by the amount necessary to reduce the <br />charge to the permitted iimit; and (b) any sums already coll�ted from Borrower which exceeded permitted <br />limits will be refunded to Borrower. L�nder may choose to make this refimd by reducing the principal owed <br />under the Not� or by malcing a dir�t payment to Borro�+er. If a refund reduces principal, the reduction will <br />be treated as a partiai �repayment without any prepaymern charge (whether or not a prepayment charge is <br />provide� for under the Note). Bonower's acceptance of any such refund made by direct payment to <br />Bonower will c�nstitute a waiver of any right of acrion Bonower might have arising out of such overcharge. <br />15. Notices. All norices given by Borrower or Lender in connecrion with this Security Instrument must be in <br />writing. Any notice to Borrower in conne�tion with this Security Instrament shall be deemed to have been <br />given to Bonower when mailed by first class mail or when actually delivered to Borrower's norice address if <br />sent by other means. Notice to any one Borrower shall constitute norice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UTI�FORM INSTRUMENT Form 3028 1/Ot <br />yMP � VMPBINE) (1105) <br />Wolters Kluwer Financiai Servic� Page 11 af 17 <br />