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201202409 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secur� by this Security Instrument granted by Lender to Bonower or any Successor in Interest of Borrower shall not operate to release the liability 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 tlus Security Instrument by reason of any demand made by the original Bonower or any Successors in Interest of Bonower. Any forbearance by L.ender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bonower 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. Borrower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Borrower who co-signs this S�urity Instrument but does not ex�ute 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 S�urity Instrument; (b) is not personally obligaterl to pay the sams se�ured by this S�urity Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or malce any ac�ommodations with regard to the terms of this Security Instrument or the Note without the co-sig�n�er's consent. Subject to the provisions of Secrion 18, any Successor in Interest of Bonower who assumes Borrower's obligations under this Security Insmiment in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Bonower's obligations and liability under this Security Instrument unless Lender agr�s to such release in writing. The covenants and agr�ments of this 5�urity Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees for services performed in connecdon with Borrower's default, for the purpose of prot�ting Lender's interest in the Properly and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard #o any other f�s, the absence of express authority in this Security Instnunent to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such f�. Lender may not chazge fees that are expressly prohibite� by this Security Instrument or by Applicable Law. If the Loan is subj�t to a law which sets maximum loan chazges, and that law is finally interpreted so that the int�rest or other loan charges coll�ted or to be collected 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 Borrower which exc�efl permitted limits will be refundefl to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by maldng a dir�t payment to Borrower. If a refund reduces principal, the reduction �1 be treated as a paztial 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 Bonower or Lender in connecrion with this S�urity Instrument must be in writing. Any notice to Bonower in connection with this Security Insm�ment shall be deemerl to have been given to Borrower when mailed 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 othervvise. The notice address shall be the Property Address unless Bonower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/O7 VMP p VMPB(NE) (1105) Wolters Kiuwer Financlal Services Page 11 of 17 , , '