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201204276 12. BoITOwerNot Released;ForbearanceBy L�nderNot a Waiver. Extension of the time for payment or modificarion of amortization of the sums secured by this Se�urity Inshv�ment granted by Lender to Borrower or any Successor in Interest of Bonrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence pmce.edings against any Successor in Interest of Borrower or to refuse to extend time for payment or othetwise modify amortization of the suzns secured by this 5ecurity Inetrument 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 remedy including, without limitation, Lender's acceptaace of payments from third persons, entities or Succes�rs in Interest of Boaower or in amounts less than the amotmt then due, ehall not be a waivex of or preclude the exercise of any right or remedy. 13. Joint and Several Liabillfiy;Co AssignsBound.Borrower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Borrower who ca-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrumen.t only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Sc�urity Instrument; (b) is not personally obligated to pay the sums secured by this Security Inshwment; and (c) agree,s that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terme of this Security Inshument 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 undet this Security Inshument in writing, aud is approved by Lender, shall obtain all of Bortower's rights and benefits under tlus Se�urity Instrument. Bortower shall not be released from Borrower's obligarions and liability under tlus Security Instrament unless Lender agrees to auch release in writing. The covenants and agreements of this Security Inshvment shall bind (except as pmvided in Section 20) and benefit the successars and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perforn►ed in connection with Borrower's default, for the purpose of pmtecting Lender's interest in the Property and rights under this S�urity Instrument, including, but not limited to, attorneys' fees, pmperty inspecrion and valuation fees. In regatd to any other fees, the absence of exprees authority in this Security Instrument to charge a specific fee to Bortower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security In�strument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that la.w is finally interpreted so that the interest or other loan charges collected or to be coll�ted 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 chatge to the permitted limit; and (b) aay su.ms already collected from Borrower which exceeded permit�ed limits will be refimded xo Bortower. Lender may choose to make this refimd by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refixnd reduces principal, the rednction will be tre,ated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is grovided for under the Note). Borrower's accepteuce of any such refund made by direct paymeat to Bortower will consfiiute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All norices given by Bonower or Lendet in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instru.ment shall be deemed to bave been given to Borrawer when maile8 by first class mail or when actually delivered to Bonower's notice addtess if sent by other means. Notice to any one Barrower shall constitute notice to all Borrowers unless Applicable Iaw expresaly requires otherwiae. The notice address shall be the Property Address unless Boaower has NEBRASKASin�la Family-Fennia MeafFreddie Mac UNIFORM INSTRUMENT �� VMP � VMPB(NE) (1105).� WWtera Kluwer Firtencial SeMeea Pege 11 of 17