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2012012�5 12. Borrower IVot Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modifica,tion of atnortization of the sums secured by this Security Instrument granted by Lender to Borrower or any 5uccessor in Interest of Bonower shall not operate to release the liability of Borrower or any Successors in Interest of Bonower. Lender shall not be required to commence proc�eedings against any Suc.cessor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizarion of the sums s�ured by this S�urity 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 pr�lude 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 Security Insttvment only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instiument; (b) is not personally obligated to pay the suaa�s s�ured by this Se�rity Instrument; and (c) agrees that Lender and any other Borrower can agr� to extend, modify, forbear or �lce any accommodations with regazd 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 Borrower who assumes Bonower's obligations under this S�urity Instniment in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be releasefl from Borrower's obligarions and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this S�urity Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in conn�tion with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Se,curity Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regazd to any other fees, the absence of express authority in this Security Instrument to charge a spe,cific 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 S�urity Instrument or by Applicable L,aw. If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan charges coll�ted or to be colle,cted in conn�tion with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the psrmitted limit; attd (b) any sums already collected from Borrower which exceedefl permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owefl under the Note or by making a dire�t payment to Bonower. If a refund reduc� principal, the redudion will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). �rrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. 15. Nofices. All norices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in conn�tion with this Security Instrument shall be de,e�ned to have been 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 Borrower shall consritute notice to all Borrowers unless Applicable Law expressly requires otherwise. The norice address shall be the Property Address unless Borrower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP p Woltera Kluwer Finencial Services Form 3028 1/01 VMP6(NE) (1105) Page 11 af 17