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20120229� 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums s�ured by this S�urity Instrument granted by Lender to Borrower or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any Successors in Interest of Bonower. Lender shall not be required to commence proce�dings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortizarion 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 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 exe,cute 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 Property under the terms of this Security Instrument; (b) is not personally obligaterl to pay the sums secured by this Se�urity Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear ar 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 Secrion 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this 5ecurity Instrument. Bonower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agr�s to such release in writing. The covenants and agr�ments of this Security Instrument shail bind (except as providefl in Secrion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may 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 Security Instrument, including, but not limited to, attomeys' f�s, property insp�rion and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge f�s that aze expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally inteipretefl so that the interest or other loan charges collected or to be collecterl in connection with the Loan exceed the permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the charge to the permitted lunit; and (b) any sums already coll�ted from Bonower which excceded permitt� limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owefl under the Note or by making a dir�t payment to Borrower. If a refund reduces principal, the reflucaon will be treat� as a partial prepayment without any prepayment chazge (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 Borrower in conn�rion with this Security Instrument shall be deemed to have b�n given to Borrower when mailed by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to any one Borrower shall constitute norice to a11 Borrowers unless Applicable Law expressly requires otherwise. The norice address shall be the Property Address unless �nower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP Q Wolters Kluwer Flnancial Services Form 3028 1 /01 VMP6(NE) (1105) Page 11 of 17 . , i ...^ ,� . ,