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' 20110�694 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to nower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any Successors in Interest of Borrower. Lender sha11 not be required to commence proccedings against any Successor in Inter t of Bonower or to refuse to extend tune for payment or otherwise modify amortization of the sums secured b this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of nower. Any forbeatance 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 �e amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Casigners; Successors and Assigns Bound. Bonower cove�ants and agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who co-sigps this Security Instrument but does not ex�ute the Note (a "co-signer"): (a) is co-signing this Security Instrument o y to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Ins ent; (b) is not personally obligated to pay the sums secured by this Se,curity Instrument; and (c) agrces that Lende and any other Borrower can agree to extend, modify, forbear or make any accommodations with regazd to the terms af this Security Instrument or the Note without the co-signer's consent. � Subject to the provisions of Section 18, any Successor in Interest of Bonower who ass es Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bo ower's rights and benefits under this Security Instrument. Bonower shall not be released from Borrower's obligarions and liability under this Security Instnunent unless Lender agrees to such release in writing. The covenants and agr ents of this Security Instrument sha11 bind (except as provided in Section 20) and benefit the successors and assi of Lender. 14. Loan Charges. Lender may charge Bonower f�s for services performed in connection 'th Borrower's default, for the purpose of prot�ting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property insp�tion and valuation fees. In regazd to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bonower shall n t be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited y this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpr ted so that the interest or other loan chazges collected or to be collected in conne.ction with the Loan exceed the pe� 'tted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the p rnitted limit; and (b) any sums already collected from Bonower which exce,eded 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 irect payment to Bonower. If a refund reduces principal, the reduction will be treated as a partial prepayme t without any prepayment charge (whether or not a prepayment chazge is provided for under the Note). Bonower' acceptance of any such refund made by dir�t payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overchazge. '� 15. Notices. All notices given by Bonower or Lender in connection with this Security Inst ent must be in writing. Any notice to Borrower in connection with this Security Instnunent sha11 be deemed to hav been given to Borrower when mailed by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to any one Bonower shall constitute notice to a11 Bonowers unless Applicable Law exp essly requires otherwise. The notice address sha11 be the Property Address unless Borrower has designated a s stitute notice address by notice to Lender. Bonower shall promptly notify Lender of Bonower's change of addr s. If Lender specifies a procedure for reporting Bonower's change of address, then Bonower sha11 only report a chainge of address through that spe.cified procedure. There may be only one designated notice address under this Sec 'ty Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class '1 to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any noti in connection with this Security Instrument shall not be deemed to have b�n given 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 corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instnunent shall be govemed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligatiotis contained in this Se,curity Instrument aze subject to any requirements and limitations of Applicable Law. Applic le Law might explicitly or unplicitly allow the parties to agr� by contract or it might be silent, but such silen shall not be construed as a prohibition against agr�ment by contract. In the event that any provision or clause f this Se,curity instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions f 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 onesponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the �lural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. ' 17. Borrower's Copy. Bonower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not lixnited to, ose beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agr ent, the intent of which is the transfer of title by Bonower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transfened (or if Bo ' ower is not a natural person and a beneficial interest in Bonower is sold or transfened) without Lender's prior tten consent, Lender may require immefliate payment in full of all sums secured by this Se,curity Instrument. Howe er, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. NEBRASKA--Single Family--Fannie Mae/Fraddie Mec UNIFORM INSTRUMENT Form 3028 1/01 Page 7 of 11 �Fo.rrri�� Ne3028.dot.�1