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20�203�3� 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 Borrower or any Successor in Interest of Borrower 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 amortizarion of the sums secured by this Securiry Instrument by reason of any demand made by the original Borrower or any 5uccessors 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, enriries 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 �nd Assigns Bound. Bonower covenants and agrces that Borrower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this S�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 obligated to pay the sums secured by ttus S�urity Instrument; and (c) agrees that Lender and any other Bonower can agr� to extend, modify, forbear or make any accommodarions with regard to the terms of this Security Instnunent or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's obligations under this Security Instnunent in writing, and is approvefl by Lender, shall obtain all of Bonower's rights and benefits under this Security Instrument. Bonower shall not be released from Borrower's obligarions and liability under this Security Instrument unless Lender agr�s to such release in writing. The covenants and agr�ments of this S�urity Instrument shall bind (except as provided in 5ection 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fess for services performed in connection 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, attorneys' fees, properiy inspection and valuation fces. In regazd to any other fces, the absence of express authority in this S�urity Instrument to chazge a sp�ific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge f�s that are expressly prohibited by this Security Instivment or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpretefl so that the interest or other loan charges collected or to be colle,cted in connection with the Loan exceed the permitted limits, then: (a) any such loan chazge shall be reduc,ed by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already coll�ted from Bonower wluch exceeded permittefl limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund re�uces 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). Bonower's acceptance of any such refund made by dir�t payment to Borrower will constitute a waiver of any right of action Borrower 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 conn�tion with this Security Instrument shall be deemed to have been given to Borrower when mailefl by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has NEBRASKA-Single Femily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMP6(NE) (1105) Wolters Kluwer Financial Services Paga 11 of 17 • � 1