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'�� 2 01202096 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modif'ication of amortizaxion of the s�►s secured by this Securiry Instnttnent granted by Lender to Borrower or any Successor in Interest of Borrower sha.11 not operate to release the liabiliry of Borrower 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 secured by this Securiry Instrument by reason of any demand made by the original Bonower or any Successors in Interest of Borrower. Any forhearance 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 tha.n 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 liabiliry sha11 be joint and several. However, any Bonower who co-signs this Securiry Instmm�ent but does not execute the Note (a "co-signer"): (a) is co-signing this Securiry Instrument only to moRgage, grant and convey the co-signer's interest in the Property under the terms of this Securiry Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Securiry Instrument or the Note without the casigner's consent. Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this Securiry Instrument. Borrower shall not be released from Borrower's obligations and liabiliry under this Security Instrument unless Lender agrees to such release iu writing. The covenants aud 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 ma.y charge Borrower fees for services performed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Securiry Instrument, including, but uot limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the abseuce of express authoriry in this Securiry Instrument to charge a specif'ic fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees Wat are expressly prohibited by this Securiry 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 connection with the Loan exceed the permitted limits, then: (a) any such loan cha.rge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may cboose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces 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). Borrower's acceptance of any such refund made by direct 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 Securiry Instrument must be in writing. Any notice to Bonower in connection with this Securiry Instn�ment sha11 be deemed to have been given to Bonower when mailed by �rst class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to auy one Borrower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Properly Address unless Borrower has NEBRASKA-Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP @ VMPB�NE1111061.00 Wokers Kluwer Financial Services Page 11 0} 17