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201�074�1 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modificarion of amortization of tlie sums secured by this Security Insrivment granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. 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 secwed 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 Borrower or in amounts less than the amount thea due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liab9lity; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Insuument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Secwity Instivment; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the casigner's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Insttument in writing, and is approved by Lender, shall obtain all of Borrower' s rights and benefits under this Security Inatrument. Borrower ahal] not be released from Borrower' s obligations and liability under this Security Insuument unless Lender agrees to such release in wriring. The covenants and agreements of this Security Instrument shaU bind (ezcept as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loaa Charges. Lender may cherge Borrower fees for services performed in connecNon with Borrower' s default, for the purposa 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 prohibition on the charging of such fee. Lender may not chazge fees that aze expressly prohibited by this Secwity 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 tn the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a d'uect payment to Borrower. If a refimd 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). Borrower's acceptance of any such refimd made by d'uect payment to Borrower will constitute a waiver of any right of action Borrower might have azising out of such overchazge. 15. Notices. All notices given by Borrower or Lender in connecdon 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 e 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 addresa, then Borrower shall only report a change of address tluough that specified procedwe. 1'here may be only one designated notice address under this Secwity Instrument at any one time. Any notice to Lender shall be givea 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 tlus Security Instrument shall not be deemed to have been givea 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 conesponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Conatruction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to sny requirements and limitations of Applicmble Law. Applicable Law might explicitly or impliciUy allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which 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 the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security InsUvment 18. Transfer of the Property or a Benefli cial Interest in Borrower. As used in this Secrion 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests uansferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the uansfer of Htle by Bonower at a future date to a purchaser. Tf all or any part of the Property or any Interest in the Property is sold ot transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. N�RASKA—Single Famfly—Fennie Mae/Freddie Mec UNIFORAA INSTRUMENT p�� Form 3028 1/01 Pege 7 of 11 www.doanag/c.com � �