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201�04�� 12. Borrower Not Released; Forbearance By Lender IVot 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 requirefl 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 s�ured by this Security Instrument by reason of any demand made by the original Bonower or any Successors 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, 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 remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agr�s that Bonower's obligarions and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute 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 Security Instrument; (b) is not personally obligated to pay the sums secured by this Se�urity Instrume�; and (c) agrees that Lender and any other Borrower can agrce 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 Bonower who assumes Bonower's obligations under this Security Instniment 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 Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agr�ments of ttus Security Insttvment shall bind (except as provided in S�tion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower f�s 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 S�urity Instniment, including, but not limited to, attomeys' fees, property insp�tion and valuation fees. In regard to any other fces, the absence of express authority in this Security InstYVment to chazge a sp�ific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not chazge fees that aze expressly prohibited by this Security Instrument or by Applicable L,aw. If the Loan is subject to a law which sets maYimum loan chazges, and that law is finally interpreted so that the interest or other loan charges collected or to be coll�ted in conn�tion 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 Bonower which exceeded permitted limits will be refunde� to �nower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a dir�t payment to Borrower. If a refund reduces principal, the reducrion will be treated as a partial prepayment without any prepayment charge (whether or not a prepayme� charge is providefl for under the Note). Borrower's acceptance of any such refund made by dir�t payment to Borrower will consritute a waiver of any right of action Bonower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in conn�tion with this Security InstYVment must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have b�n given to Bonower when mailed by first class mail or when actually delivered to Borrower'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 norice address shall be the Property Address unless Bonower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP 0 Wolters Kluwer Financial Servic� Form 3028 1 /01 VMP6(NE) (1105) Page 11 of 17 p J I) A 4 �.� �, � M � . .� '.� n�R