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201202030 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 S�urity Instrument granted by Lender to Bonower 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 Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, enrities 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. Bonower 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 Se�uriry Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums s�ured by this Security Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of S�tion 18, any Successor in Interest of Bonower who assumes Borrower's obligations under ttus S�urity Instrument in writing, and is approved by I.�nder, 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 S�urity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instnunent 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 connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instniment, including, but not limited to, attorneys' f�s, property inspection and valuation fees. In regard to any other fees, the absence of express authority in ttus Security Instrument to chazge a specific f� to Borrower shall not be construed as a�irohibirion on the charging of such fe,e. I.ender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subj�t 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 connection with the L.oan exce�d the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the pQrmitted limit; and (b) any sums already coll�ted from Bonower which exceeded permittefl limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owe� under the Note or by making a direct payment to Borrower. If a refund reduces principal, the retluction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by dir�t payment to Borrower 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 connection with this Se,curity Instrument must be in writing. Any notice to Bonower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class ma.il or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute norice to all Bortowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP � Wohers KluWer Financial Services Form 3028 1 /01 VMPB(NE) (1105) Page 11 of 17 4