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201109236 <br />12. BorrowerNot Released;ForbearanceBy LenderNot a Waiver. E�tension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Bonower <br />or any Succcssor in Intcrest of Borro�vcr shall not operatc to rcicasc thc liabilin of Borrowcr or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Borrou�er or to refuse to ettend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instnunent by reason of any demand made by the original Borrower or <br />arrv Successors in Tnterest of Borrower. A►ry forbearance by Lender in e�ercising any right or remedy <br />including, �vithout limitation, Lender's acceptance of payments from Uurd persons, entities 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. Jaint and Several Liability;Co-signers;Successorsand AssignsBound.Borrower covenants and <br />agrccs that Borrowcr's obligations and liability shall bc joint and scvcral. Howcvcr, any� Borrowcr who <br />co-signs this Securitv Instrument but does not etecute the Note (a "co-signer"): (a) is co-signing this <br />Security lnstrumenl only to morigage, grant and convey the co-signer's interest in the Properiy under the <br />terms of tlris Securitv Instnmient; (b) is not personally obligated to pay the sums secured by this Security <br />Tnstrument; and (c) agrees that Lender and a�ry other Borrower can agree to e�tend, modify, forbear or make <br />any acconunodations with regard to the terms of this Security Instrument or the Note without tlle 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 undcr this Sccurity Instrumcnt in t�riling, and is approvcd by Lcndcr, shall obtain all of <br />Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security lnstrument unless Lender agrees to such release in <br />H�riting. The covenants and agreements of this Security Instrumenl shall bind (e�cept as pmvided in Seclion <br />2()) and bene�t the successors and assigns of Lender. <br />14. Loan Charges. Lender ma� charge Borrower fees for sen�ices pedormed in connection with Bonower's <br />default, for the purpose of protecting Lender's interest in the Propeny and rights under this Security <br />Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to <br />any other fees, the absence of express authorit�� in this Securit�� Instrument to charge a specific fee to <br />Bonowcr shall not bc construcd as a prohibition on thc charging of such fcc. Lcndcr may not chargc fccs <br />ttiat are e�pressly prohibited by this Security Instnunent or by Applicable Law. <br />If the Loan is subject lo a law which sels masimum loan charges, and thal law� is finall,y interpreted so lhal <br />the interest or other loan charges collected or to be collected in connection with the Loan esceed the <br />, permitted limits, then: (a) any such loan cl�arge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which e�ceeded permitted <br />limits will be refunded to Borro�ver. Lender may choose to make this refund by reducing the principal owed <br />_ under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will <br />bc trcatcd as a partial prcpaymcnt ���ithout any prcpaymcnt chargc (whcthcr or not a prcpaymcnt chargc is <br />providcd for undcr thc Notc). Borro�vcr's acccptancc of any such rcfund madc by dircct paymcnt to <br />Borrower will constitute a waiver of an_y right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security instrument shall be deemed to have been <br />given to Borrower when mailed by �rst class mail or when actually delivered to Borrower notice address if <br />sent bv other means. Notice to anv one Borrower shall constitute notice to all Borrowers unless Applicable <br />Law e�pressly requires othenvise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1101 <br />VMP � VMPB(N� (1105�.00 <br />Wolters Kluwer Financial Services Page 11 of 17 <br />