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201204�0� 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums s�ured by this Security Instrument granted by Lender to Bonower or any Successor in Interest of Bonower shall not operate to release the liability of Borrower 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 amortization of the sums s�ured by this S�urity Instrument by reason of any demand made by the original Bonower or any Successors in Interest of Borrower. 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 Borrower or in amounts less than the amount then due, shall not be a waiver of or pr�lude 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 Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instcvment only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this S�urity Instrument; (b) is not personally obligated to pay the sums se�ure� by this Se�urity Insmiment; and (c) agrees that Lender and any other Bonower can agr� to extend, modify, forbear or make any accommodations with regard to the terms of this Se�urity Instrument or the Note without the co-signer's consent. Subje,ct to the provisions of S�tion 18, any Successor in Interest of Bonower who assumes Bonower's obligations under ttus 5ecurity Insirument in writing, and is approvefl by Lender, shall obtain all of Bonower's rights and benefits under this S�urity Instn�ment. Bonower shall not be released from Bonower's obligations and liability under this S�urity Instrument unless Lender agr�s to such release in writing. The covenants and agreements of this Se�urity Instrument shall bind (except as providefl in Se�tion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Bonower fees for services performe� in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this S�urity Instrument, including, but not limited to, attorneys' fees, property insp�tion and valuarion fces. In regard to any other fees, the absence of express authority in this Security Insmunent to chazge a specific fee to Bonower 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 5ecurity Instrument or by Applicable Law. If the Loan is subj�t to a law which sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan chazges collected or to be collected in connection with the Loan excee� the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to refluce the charge to the permitted limit; and (b) any sums already collected from Borrower which excceded permitted limits will Ue refunded to Borrower. Lender may choose to make this refund by reducing the principal owe� under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chazge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Bonower 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 S�urity Instrument must be in writing. Any norice to Bonower in conn�tion with this S�urity Insirument shall be deemed to have been given to Bonower when mailed by first class mail or when actually delivered to Bonower's norice address if sent by other means. Notice to any one Borrower shall constitute norice 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 Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP p VMPB(NE) (1106) Wolters Kluwer Financial Services Pege 11 of 17