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20�200880 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums s�ured by this S�urity 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 proccedings 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 Instnunent by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitarion, 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. 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 Se,curity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of ttus Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Insmiment or the Note without the co-signer's consent. Subj�t to the provisions of Section 18, any Successor in lnterest of Borrower who assumes Bonower's obligations under this Security Instrument in writing, and is approvefl by Lender, shall obtain all of Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agr�s to such release in writing. The covenants and agr�ments of this S�urity Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of L,ender. 14. Loan Charges. Lender may charge Borrower f�s for services performed in connection with Borrower's default, for the purpose of prot�ting Lender's interest in the Properly and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation f�s. In regard to any other fees, the absence of express authority in this Security Instn�ment 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 aze 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 interprete� so that the interest or other loan charges colle.cted or to be coll�ted in conn�tion with the Loan exceed the permitterl limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already coll�tefl from Borrower which exceeded 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 dir�t 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 consritute 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 conn�tion with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have bcen 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 Bonowers unless Applicable Law expressly requires otherwise. The norice address shall be the Property Address unless Borrower has NEBRASKA-Single Family-Fannie Mae/Freddle Mec UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMP6(NE) (1106) Wolters Kluwer Financial Services Page 11 of 17