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2Qi�o�o4� 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 Bonower shall not operate to release the liability of Bonower or any Successors in Interest of Bonower. 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 Bonower. Any forbearance by Lender in exercising any right or remefly including, without limitation, Lender's acceptance of payments from third persons, enrities or Suc,cessors 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. Bonower covenants and agrees that Borrower's obligarions 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�urity 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 obligaterl to pay the sums secured by this Security Instrument; and (c) agrces that Lender and any other Borrower can agr� to extend, modify, forbear or make 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 Suc,cessor in Interest of Bonower who assumes Borrower's obligations under this Security Instntment in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instnunent. Bonower shall not be released from Bonower's obligations and liability under this Security Instrument unless L,ender agrees to such release in writing. The covenants and agreements of this S�urity Instrument shall bind (except as provide� 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 prot�ting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' fces, property insp�rion and valuation f�. In regazd to any other fees, the absence of express authority in this Se�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 fees that are expressly prohibited by this S�urity Instrument or by Applicable Law. If the Loan is subj�t to a law wluch sets �imum loan chazges, and that law is finally interpreted so that the interest or other loan chazges collected or to be coll�ted in conn�tion with the Loan excee� the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to re�iuce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principai ovv� under the Note or by making a direct payment to Borrower. If a refund reduc�s principal, tlie reduaron 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 Bonower or Lender in connection with this Security Instrument must be in writing. Any notice to Bonower in connection with this Security Instrument shall be d�med to have be�n given to Bonower when maile� by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable I.aw expressly requires otherwise. The notice address shall be the Properiy Address unless Bonower has NEBRASKA-Single Femily-Fannia Mae/Freddie Mac UNIFORM INSTRUMENT VMP � Wokers Kluwer Financial Services 12-000051 Form 3028 1/07 VMPB(NE) (1105) Page 11 of 17