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�0�20�� 9 2. Borrower Not Released; Forbeerance By Lender Not e Weiver. Extension of the time for payment or modif'ication of amortization of the sttms secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release fhe liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or ko 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 Borrower 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 pezsons, entities 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 Severel Liebility; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees 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 Instrument only to mortgage, grant and convey the co-signer's inkerest in the Progerty under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower 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. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such relea.se in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section ZO) and benefit the successors and assigns of Lender. 14. Loan Cherges. Lender ma.y charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Progeriy and rights under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuatian fees. In regard to auy other fees, the absence of express anthority in this Security Instrument to charge a spec�c fee to Borrower shall not be construsd as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the I.oa.n is subject to a law which sets ma.ximum loan charges, and tha.t law is finally interpreted so that the interest or other loan charges coliected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the germitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refiinded to Bortower. Lender may choose to make this refiind by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduc�ion will 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 refund made by direct gayment to Borrower will constitute a waiver of any right of actian Borrower might have arising out of such overcharge. 15. Notiees. All notices given by Borrower or Lender in connecdon with this Security Instrument must be in writing. Any notice to Borrower in connecdon with this Security Instrument shall be deemed to have been 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 constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Pro�rly Address unless Borrower has NEBRASKA-Sirtgla Family-Fannia Mae/Fraddia Mac UNIFORM INSTRUMENT Form 3028 7/01 y�p � VMP6(NE) (11061.00 Wolters Kluwer Financial Sorvices Paga 11 of 17