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�01�075�� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums s�ured 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 Bonower or any <br />Successors in Interest of Bonower. Lender sha11 not be required to commence proceedings against any <br />5uccessor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instivment by reason of any 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 limitarion, Lender's acceptance of payments from third persons, entiries or Successors in <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 and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and <br />agre,es that Bonower's obligations and liability shall be joint and several. However,,any Bonower who <br />co-signs this Security Instrument but daes not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Progerly under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agr�s that Lender and any other Bonower can agree to extend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Instivmment or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Secrion 18, any Suc,cessor in Interest of Bonower who assumes Bonower's <br />obligations under this Security Inst�vment in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this 5ecurity Insmiment. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fces for services performefl in connection with Borrower's <br />default, for the purpose of prot�ting Lender's interest in the Property and rights under this 5ecurity <br />Instrument, including, but not limited to, attorneys' fees, property inspe,ction and valuation fee.s. In regazd to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific f� to <br />Bonower shall not be conshv� as a prohibirion on the charging of such fee. Lender may not charge fees <br />that are 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 interpretefl so that <br />the interest or other loan chazges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the germitted limit; and (b) any sums already coll�ted from Borrower which exceeded permitted <br />limits will be refunded to Bonower. Lender may chaose to make this refund by reducing the principal owed <br />under the Note or by maldng a direct payment to Borrower. If a refund reduces principal, the reducrion will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Bonower's acceptance of any such refund made by direct payment to <br />Borrower will consritute 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 connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Se�urity Instrument shall be deeme,d to have been <br />given to Borrower when mailed by first class mail or when actually delivered to Bonower's notice address if <br />sent by other means. Notice to any one Borrower shall consritute notice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mee/Fr�die Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP Q VMP81NE) (1106) <br />Wokers Kluwer Ftnencial Services Page 11 of 17 <br />y , , , <br />