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201�0�� 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 Insmiment granted by Lender to Borrower 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 procsedings 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 �nower or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or rem�y 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 preclude the exercise of any right or reme�y. 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 Se�urity Instrument but does not ex�ute the Note (a "co-signer"): (a) is co-signing this S�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�urefl by tlus Security Instrument; and (c) agrees 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 Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Bonower shall not be released from Bonower's obligations and liability under this Security Instivment unless Lender agrees to such release in writing. The covenants and agreements of this S�urity Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Bonower fees for services performe� in conne�tion with Bonower's default, for the purpose of prote,cting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regazd to any other fees, the absence of express authority in this Security Insmament to charge a specific fee to Borrower shall not be construefl as a prohibition on the charging of such fee. Lender ma.y not charge fees 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 interpreted so that the interest or other loan charges coll�ted or to be collected in connecrion with the Loan exceed the pernutted limits, then: (a) any such loan charge shall be re�uced 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 Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a dire,ct payment to Bonower. If a refund reduc� principal, the reduction will be treate� as a partial 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 overchazge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any norice to Borrower in connecrion with this Security Instrument shall be deemerl to have been given to Bonower 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 notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has NEBRASKA-Single Family-Fann(e Mae/Freddie Mac UNIFOHM INSTRUMENT Form 3028 7/01 VMP � VMPBfNE) (1105) Walters Kiuwer Financial Services Page 11 of 17