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201205�34 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the rime 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. I.ender shall not be required to commence proccedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums secured 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, entiries or Suc.cessors 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 agrees that Borrower's obligarions 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 Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this 5ecurity Instrument; (b) is not personally obligated to pay the swns se�urefl by this Security Instivment; and (c) agrces that L.ender and any other Bonower can agree to extend, modify, forbear or make any accommodations with regard 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 Borrower who assumes Borrower's obligations under this S�urity Insmiment in writing, and is approvefl by Lender, shall obtain all of Bonower's rights and benefits under this Se,curity Instrument. Bonower shall not be releasefl from Borrower's obligations and liability under this S�urity Instrument unless Lender agrces to such release in writing. The covenants and agreements of this S�urity Insmiment shall bind (except as provided in Secrion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower f�s for services performed in conne�rion with Borrower's default, for the purpose of prot�ting Lender's interest in the Property and rights under this S�urity Instrument, including, but not limited to, attomeys' fees, property inspection and valuarion fees. In regazd to any other fees, the absence of express authority in this Security Instniment to charge a specific fee to Bonower shall not be construefl as a prohibirion on the chazging of such fee. Lender may not charge fees that aze expressly prohibited by this S�uriry Instrument or by Applicable Law. 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 colle.cted or to be coll�ted in connection with the Loan excee3 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 Borrower which exce�ed permittefl limits will be refunded to Borrower. Lender may choose to make this refund by reflucing the principal owefl uuder the Note or by maldng a dir�t payment to Borrower. if a refund reduces principal, the reduction v�+il� be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refimd made by direct payment to Borrower will constitute a waiver of any right of action Bonower might have arising out of such overchazge. 15. Notices. All notices given by Borrower or Lender in conne�tion with this Security Instivment must be in writing. Any notice to Borrower in connection with this S�urity Instrument shall be deemed to have b�n given to Borrower when mailed by first class mail or when actually delivered to Bonower'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 Borrower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMPBINE) (1105) Wolters Kluwer Flnanciai Services Page 7 7 of 17