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20�20008� 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 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 Suocessor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizarion of the suins 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 remerly including, without limitation, Lender's acceptance of payments from third persons, entities or Suc,cessors in Interest of Borrower 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 agr�s that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this S�urity Instrument but does not ex�ute 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 S�urity Instrument; (b) is not personally obligated to pay the sums secured by this Se�urity Insmunent; and (c) agrees that Lender and any other Borrower can agr� to extend, modify, forbear or make any accommodations with regard to the terms of this S�urity 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 Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this S�urity Instnunent. Bonower shall not be released from Borrower's obligations and liability under this S�urity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower f�s for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' fees, property insgection and valuation f�s. In regazd to any other feES, the absence of express authority in this Security Instrument to charge a specific f� to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge f�s that are expressly prohibited by this S�urity Instrument or by Applicable Law. If the Loan is subje�t to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exc,eed the permitted limits, then: (a) any such loatt charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exc,eeded permitted limits will be refunde�i to Bonower. Lender may choose to make this refund by re�iucing the principal oweri under the Note or by making a direct payment to Borrower. If a refund reduc� principal, the redudion will be treated as a partia! prepayment without any prepaymern charge (whether or not a prepayment charge is providefl for under the Note). Borrower's acceptance of any such refund made by dir�t payment to Bonower will constitute a waiver of any riglit of action Borrower might ha�e arising out of such overchazge. 7 5. Notices. All norices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Bonower in connection with this Security Instrument shall be dcemed to have been given to Borrower when ma.iled by first class mail or when actually deliverefl to Borrower's notice address if sent by other means. Norice to any one Bonower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has NfBRASKA-Single Femily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP � Wolters Kluwer Financial Services Form 3028 1/01 VMP6(NE) (1105) Page 11 of 17