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20�200880 <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums s�ured by this S�urity Instrument granted by Lender to Borrower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Bonower. Lender shall not be required to commence proccedings against any <br />Successor in Interest of Bonower or to refuse to extend 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 />any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitarion, Lender's acceptance of payments from third 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. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrees that Bonower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Se,curity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of ttus Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Insmiment or the Note without the co-signer's <br />consent. <br />Subj�t to the provisions of Section 18, any Successor in lnterest of Borrower who assumes Bonower's <br />obligations under this Security Instrument in writing, and is approvefl by Lender, 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 Instrument unless Lender agr�s to such release in <br />writing. The covenants and agr�ments of this S�urity Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of L,ender. <br />14. Loan Charges. Lender may charge Borrower f�s for services performed in connection with Borrower's <br />default, for the purpose of prot�ting Lender's interest in the Properly and rights under this Security <br />Instrument, including, but not limited to, attorneys' fees, property inspection and valuation f�s. In regard to <br />any other fees, the absence of express authority in this Security Instn�ment to charge a specific fee to <br />Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interprete� so that <br />the interest or other loan charges colle.cted or to be coll�ted in conn�tion with the Loan exceed the <br />permitterl limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already coll�tefl from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a dir�t payment to Bonower. If a refund reduces principal, the reduction will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Bonower's acceptance of any such refund made by direct payment to <br />Bonower will consritute a waiver of any right of action Bonower might have arising out of such overchazge. <br />15. Notices. All notices given by Bonower or Lender in conn�tion with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have bcen <br />given to Bonower when mailed by first class mail or when actually delivered to Bonower's notice address if <br />sent by other means. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The norice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddle Mec UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6(NE) (1106) <br />Wolters Kluwer Financial Services Page 11 of 17 <br />