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201205335 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 Security Instrument granted by Lender to Bortower 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 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 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 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. �rrower covenants and agrees that Bonower's obligarions and liability shall be joint and several. However, any Borrower who co-signs this Se,curity Instrument but does not ex�ute 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 S�urity Instrument; (b) is not personally obligated to pay the sums secured by this 5ecurity Instrument; and (c) agr�s that Lender and any other Bonower can agr� to extend, modify, forbear or malce 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 Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this Security Instrument. Bonower shall not be released from Bonower's obligations and liability under this Security Instrument unless Lender agrces to such release in writing. The covenants and agrcements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower f�s for services performed in connecrion 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, attomeys' fees, property insp�tion and valuation fees. 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 chazging of such fee. Lender may not charge f�s that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interprete� so that the interest or other loan charges collected or to be coll�ted in conne,crion with the Loan exc.eed the permitted limits, then: (a) any such loan charge shall be reduced by the amount nece.ssary to refluce the charge to the permitte� limit; and (b) any sums already collected from Bonower which exc,�defl permitted liwits will be refunded to Borrower. 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 reduc�s principal, the reduction will lse treated as a partial prepayment without any prepayment charge (whether or not a prepayment chazge is provided for under the Note). Bonower's acceptance of any such refund made by dire�t payment to Bonower will constitute 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 connection with this S�urity Instrument must be in writing. Any norice to Bonower in connection with this Security Instrument shall be deemed to have been given to Bonower when mailed by first class ma.il or when actually delivere� 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 Bonower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM IIVSTRUMENT VMP � Wolters Kluwer Financial Services Fo.m soaa iioi VMP6INE) (7105) Page 11 of 17 � � � ,