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20��07509 <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 secured by this Security Instrument granted by Lender to Borrower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Bonower. Lender shall not be required to commence procee�ings against any <br />Suc,cessor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums s�ured by this S�urity Instrument by reason of any demand made by the original Borrower or <br />any Successors in Interest of Bonower. 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 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. Borrower covenants and <br />agrees that Borro�ver's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this S�urity 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 Prop�rry,under the <br />terms of this Securiiy �nstrument; (b) is not personally obligated to pay the sums se�urefl by this Security <br />Instrument; and (c) agr�s that Lender and any other Bonower can agr� to extend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under this Security Instivment in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this S�urity Instrument. Bonower shall not be released from <br />Bortower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instniment shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />7 4. Loan Charges. Lender may charge Bonower fees for services performed in connection with Bonower's <br />default, for the purgose of protecting Lender's interest in the Properiy and rights under this Security <br />Instrument, inciuding, but not limited to, attomeys' fees, properiy inspection and valuation fces. In regazd to <br />any other f�s, the absence of express authority in this S�urity Instrument to charge a sp�ific fee to <br />Borrower shall not he construed as a prohibition on the charging of such f�. Lender may not charge fces <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 interpreted so that <br />the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />per�ittefl limits, then: (a) any such loan charge shall be reduced by the amount n�essary to reduce the <br />c�ar�e to the gernutter� limit; and (b) any sums already collectefl from Bonower which exccerled permitted <br />iimits will be refunded to Borrower. Lender may choose to make this refund by reducing the }�rincipal owe� <br />��r �e Note or by a�ci�g a dire�t pa� to Borrower. If a refimd re�uces principal, the reduction will <br />be � as a parciafl without a�y �repayment charge (whether or not a prepayment charg� is <br />p�ovaded for under �e Nc�ie). Borrower's aoceptance of any such refund made by direct payment to <br />Borrovuer �vill con�e a waiver of any rig�t of action Bonower might have azising out of such overcharge. <br />15. Wotir;e,s. Ail noti� giv�n by Bonower or �nder in connection with this Se�urity Ins �*►��* must be in <br />�vriting. Any notic� to �rrower in connection with this Security Instrument shall be deemed to have b�n <br />given to Borrower when mailefl by first class mail or when actually delivered to Borrower's notice address if <br />sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable <br />Law expressly r�uir� otherwiss. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Famtly-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6iNE) (1705) <br />Wokers Kluwer Financlal Servicas Page 11 of 17 <br />, �, . " � � : � <br />