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2012019�� 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 grantefl by Lender to Bonower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Suc.cessors 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 secured by this Security Instnunent 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 Bortower 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 agr�s that Borrower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument but does 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 Properiy under the terms of this S�urity Instrument; (b) is not personally obligated to pay the sums secured by this �urity Instrument; and (c) agr�s that Lender and any other Borrower can agr� to extend, modify, forbeaz or make any accommodations with regard to the terms of this Security Instiument or the Note without the co-signer's consent. 5ubject to the provisions of Section 18, any 3uccessor in Interest of Bonower who assumes Borrower's obligations under this Security Instniment in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this S�urity Instrument. Bonower shall not be released from Borrower's obligations and liability under this S�urity Insm�mment 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 chazge Bonower f� for services performed in conne�tion with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under tlus Se�urity Instivment, including, but not limited to, attomeys' fees, property insp�rion and valuation fees. In regazd to any other fees, the absence of express authority in this Security Instrument to charge a specific f� to Bonower shall not be construed as a prohibition on the chazging of such fee. I,ender may not chazge fe�s that are expressly prohibited by this Security Instrument or by Applicable Law. 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 collected or to be collected in connection with the Loan exc.eed the permitted 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 collected from Bonower which exceedefl 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 Borrower. If a refund refluces principal, the refluction will be treaterl as a partial prepayment without any prepayment charge (whether or not a prepayment charge is providefl for under the Note). Bonower's acceptance of any such refund made by direct payment to Borrower will c�nstitute a waiver of any right of action Borrower might have arising out of such overchazge. 15. Notices. All norices given by Borrower or Lender in connection with this S�urity Instrvment must be in writing. Any notice to Borrower in connecrion with this Security Instrument shall be d�me� to have been given to Bonower when mailed by first class mail or when actually delivered to Borrower's notice addr�ss if sent by other means. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3026 1/01 VMP � VMP6(NE) (1105) Wolters Kiuwer Financial Services Page 17 of 17 , <; , '� ? ,