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�� 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 grante� by Lender to Borrower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any Successors in Interest of Bonower. 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 secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. 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 Bonower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrees that Bonower'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 S�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this 5�urity Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agr�s that Lender and any other Bonower can agree to extend, modify, forbear or make any accommodations with regard to the terms of 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 assumes Bonower's obligations under tYus Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and henefits under this Security Instniment. Borrower shall not be released from Bonower's obligarions and liability under this S�urity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Se�urity Instnunent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. L,ender may chazge Bonower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this S�urity Instniment, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instnunent to charge a specific fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security 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 coll�ted or to be colle,cted in connection with the Loan excee� the permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to re�uce the charge to the permitted limit; and (b) any sums already collected from Borrower which exc.eeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Bonower. If a refund 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). Bonower's acceptance of any such refund made by direct payment to Bonower will constitute a waiver of any right of action Bonower might have arising out of such overchazge. 15. Notices. All notices given by Bonower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connecrion with this Security Instrument shall be deemed to have be�n 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 all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMPB(NE) (1106) Wokers Kluwer Financfal Services Page 11 of 17