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� 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 Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums s�ured by this Security Instrument 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 limita.tion, Lender's acceptance of payments from third persons, enriries or Successors in Interest of Borrower 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. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Se�urity Instrument but does not �xecute 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 Properly under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secure� by this Security Insm�ment; and (c) agrees that Lender and any other Bonower can agree to e�ctend, modify, forbear or make any accommoriations 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 Bonower who assumes Borrower's obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this Se�urity Insmiment. Borrower shall not be released from Bortower's obligarions and liability under this Security Instrument unless Lender agr�s to such release in writing. The covenants and agr�ments 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 fees for services performed in cann�rion 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, attorneys' f�s, property insp�tion and valuation fees. In regard to any other fces, the absence of express authority in tlus S�urity 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 fe,es 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 interpreted so that the interest or other loan charges collected or to be collected in conn�tion with the Loan exceed the permitted limits, then: (a) any such loan chazge shall be r�uced by the amount ne.cessary to reduce the charge to the permitted limit; and (b) any sums already coll�ted from Borrower which excee�efl permittefl limits will be refunded to Bonower. Lender may choose to make this refund by reflucing the principal owed under the Note or by malring a direct payment to Bonower. If a refund reduce.s 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 constitute a waiver of any right of action Bonower might have arising out of such overcharge. 15. IVotices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any norice to Borrower in connection with this Se,curity Instrument shall be de,emed to have b�n given to Bonower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable L,aw expressly requires otherwise. The notice address shall be the Property Address unless Borrower has NEBRASKA-Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMP6(NE) (1105) Wolters Kluwer Financial Services Page 11 of 17