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��1205�33 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 Borrower shall not operate to release the liability of Bonower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizarion of the sums s�ured by this Security 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 remedy including, without limitation, Lender's acceptance of payments from third persons, enrities 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 agrees that Bonower'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 S�urity 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 s�ured by this Security Insmiment; and (c) agrees that Lender and any other Bonower can agree 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. 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 approved by Lender, shall obtain all of Borrower's rights and benefits under this S�urity Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agr�s to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Se�rion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this S�uriry Instrument, including, but not limited to, attomeys' f�s, property insp�tion and valuation fe,es. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fe� to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge f�s that aze expressly prohibited by this Se,curity Instrument or by Applicable L,aw. If the Loan is subject 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 collected in conn�tion with the Loan exceed the permitted limits, then: (a) any such loan chazge shall be reduc.ed by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already coll�ted from Bonower which exceerled permitted limits will be refuttded to Bonower. Lender may choose to make this refund by reducing the principal owefl under the Note or by making a dir�t payment to Borrower. If a refund refluces 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 dir�t payment to Borrower will constitute a waiver of any right of acrion Bonower might have arising out of such overchazge. 15. Notices. All notices given by Borrower or Lender in connection with this S�urity Insuument must be in writing. Any notice to Bonower in connection with this Security Instrument shall be deemed to have bcen given to Borrower when mailed by first class mail or when actually delivereri to Bonower'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 notice address shall be the Property Address unless Borrower has NEBRASKA-Single Femily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1l01 VMP p VMPB(NE) (1105) Wokers Kluwer Financial Servic�s Pege 11 of 17 � ..- � , d � �, „ . �