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20120202� 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 Bonower or any Successor in Interest of Borrower 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 Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument 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 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. Borrower covenants and agrees that Borrower'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 Insmiment only to mortgage, grant and convey the co-signer's interest in the Progerty under the terms of this Security Insmiment; (b) is not personally obligated to pay the sums secure� by this Sera�rity Instrument; and (c) agrees that Lender and any other Bonower can agr� to extend, modify, forbear or make any accommodations with regazd to the terms of this S�urity 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 I,ender, shall obtain all of Borrower's rights and benefits under this Security Insmiment. Borrower shall not be released from Borrower's obligations and liability under this Security Insm�ment unless Lender agrees to such release in writing. The covenants and agreements of this Security Instivment shall bind (except as provided in S�tion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees for services performed in connection 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, attomeys' fees, property inspection and valuarion f�s. In regazd to any other fees, the absence of express authority in this Security Instnunent to charge a specific fee to Borrower shall not be construed as a prohibirion on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable La.w. 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 chazges coll�ted or to be colle�tefl in connection 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 permitted limit; and (b) any sums already collected from Bonower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a dir�t payment to Borrower. If a refund reduc� 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. Notices. All notices given by Borrower or Lender in conne,ction with this Security Instrument must be in writing. Any notice to Bonower in conn�tion with this Security Instrument shall be deemefl to have be�n given to Borrower when ma.iled by first class mail or when actually delivered to Bonower's norice address if sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP Q Wolters Kluwer Financial Services Form 3028 1 /01 VMPB(NE) (1105) Page 71 of 17 u ;