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20120349� 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 Bonower shall not operate to release the liability of Bonower or any Successors in Interest of Bonower. Lender shall not be required to commence proccedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortizarion of the sums se,cured by this S�urity Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remefly including, without limitation, Lender's acceptance of payments from third psrsons, entiries 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 remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agr�s that Borrower's obligations and liability shall be joint and several. However, any Bonower who co-signs this S�urity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Se�urity Instruuient only to mortgage, grant and convey the co-signer's interest in the Property under the terms of tlus S�urity Instrument; (b) is not personally obligated to pay the sums s�ured by this Security Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbeaz or make any accommodarions with regard to the terms of this S�urity Instivment or the Note without the co-signer's consent. Subj�t to the provisions of Section 18, any Successor in Interest of Bonower who assumes Borrower's obligarions under this Security Instrument in writing, and is approvefl by Lender, shall obtain all of Bonower's rights and benefits under tlus Se�urity Instivment. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fees for services performed in connection with Bonower's default, for the purpose of protecting L,ender's interest in the Property and rights under this S�urity Instrument, including, but not limited to, attomeys' fees, property insp�tion and valuation fee.s. In regazd to any other fees, the absence of express authority in this Security Instrument to chazge a specific f� to Borrower shall not be construed as a prohibirion on the chazging of such f�. Lender may not charge f�s that aze expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subje,ct to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges colle�ted or to be collecte� in conn�tion with the Loan exc�d the pernutted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the permitted limit; and (b) any sums already collected from Bonower which excee�efl germitted limits will be refund� to Borrower. Lender may choose to make this refimd by reducing the principal owed under the Note or by making a dir�t 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 provide� 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 Borrower might have arising out of such overcharge. 9 5. Notices. All notices given by Bonower or Lender in connection with this Security Instrument must be in writing. Any notice to Bonower in connection with this Security Instrument shall be d�med to have been given to Bonower when mailed by first class mail or when actually delivered to Borrower's norice 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 Bonower has NEBRASKA-Single Family-Fannie Mae/Freddie Mec UNIFORM INSTRUMENT Form 3028 1/01 VMP Q VMPBfNE) (1105) Wolters Kluwer Flnancial Servu�s Page 11 of 17 .i �. e , . . " ;o a �'