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20120075� 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums se,cured by this Security Insmiment grantefl by Lender to Borrower or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower 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 Bonower or any Successors in Interest of Borrower. 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 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. Borrower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument but dces not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums securefl by this Security Instzvment; and (c) agrees that Lender and any other Bonower can agr� to extend, modify, forbear or make any accommodations with regazd to the terms of this Se,curity Instrument or the Note without the co-signer's consent. Subject to the provisions of Secrion 18, any Successor in lnterest of Bonower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this Security Instrument. Borrower shall not be releasefl from Bonower's obligations and liability under this Security Instrument unless Lender agree�s to such release in writing. The covenants and agreements of this Security Instnunent shall bind (except as provided in Secrion 20) and benefit the suc.cessors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fees for servic.es 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 insp�tion and valuarion fe,es. In regard to any other fees, the absence of express authority in this Security Instrument to chazge a specific fee to Bonower shall not be construed as a prohibition on the chazging of such f�. Lender may not charge f�s that aze expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subje,ct to a law which sets maYimum loan chazges, and that law is finally interpreted so that the interest or other loan charges colle.cted or to be collectefl in connection with the Loan exceed the permitted limits, then: (a) any such loan chazge shall,be reduced by the amount necessary to reduce the chazge to the permitted limit; and (b) any sums already coll�ted from Bonower which exce�dai 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 direct payment to Bonower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chazge (whether or not a prepayment charge is provided for under the Note). Bonower's acceptance of any such refund made by dir�t payment to Bonower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in conne�tion with this Security Instrument must be in writing. Any notice to Bonower in connection with this Security Instrument shall be deemed to have been given to Bonower 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-Fennie Mae/Freddie Mac UNIFORM INSTRUMENT Fortn 3028 1/01 VMP � VMP8INE) (7106) Wolters Kluwer Finandal Services Page 11 of 77