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201204815 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secure� by this Securiry Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any 5uccessors in Interest of Bonower. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower or to refitse to extend time for payment or otherwise modify amortization of the sums secured by this Securiry Instnunent 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 reme�y including, without limitation, Lender's acceptance of payments from third persons, enrities 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 and Assigns Bound. Bonower covenants and agrees 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�uriry 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 obligatefl to pay the sums secured by this Se�urity Instrument; and (c) agrees that Lender and any other Borrower can agree to emend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrument or the Note without the co-signer's consent. Subj�t to the provisions of S�tion 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain all of Borrower's riglats and benefits under this Security Instrument. Bonower shall not be released from Borrower's obligarions and liability under this S�urity Instrument unless Lender agr�s to such release in writing. The covenants and agreements of this S�urity Insmiment shall bind (except as providefl in Secrion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees for services performed in connecrion with �rrower'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, attomeys' fees, properly inspection and valuation fe�s. In regard to any other f�s, the absence of express authority in this Security Instrument to charge a specific f� to Bonower shall not be constru� as a prohibition on the charging of such fee. Lender may not charge fe�s that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subje�t to a law which sets maximum loan charges, 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 exce�d the permitted limits, then: (a) any such loan chazge shall be re�uced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already coll�ted from Bonower which excee�ed permitt� limits will be refunded to Bonower. Lender may choose to make this refund by reflucing 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 prepaymern charge is providefl for under the Note). Borrower's acceptance of any such refund made by d'ue�t payment to Borrower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. 15. Notices. All norices given by Bonower or Lender in connecrion with this S�urity Instrument must be in writing. Any norice to Bonower in conn�tion with tlus Security Instrument shall be d�med to have been given to Borrower when mailed by first class ma.il or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall consritute notice to all Bonowers 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 VMP p Wolters Kluwer Financfal Services F� aozs �ro� VMPB(NE) (1105) Page 11 of 17 ' � ,, �i n ' ;. k .� � A �, �