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�0120�037 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 Securiry Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the lia.bility of Borrower or aay 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 amortization of the sums secured by this Security Instrument by reason of any dema.nd 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 accepta.nce of payments from third persons, entities or Successors in Interest of Borrower or in a.mounts less than the amount then due, sha11 not be a waiver of or preclude the exercise of any right or remedy. 7 3. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covena.nts and agrees that Borrower's obligations and lia.bility shall be joint and several. However, any Borrower who co-signs this Security Instrument but does aot execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signet's interest in the Property under the terms of this Securiry 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 regard to the terms of this Securiry Instrument or the Note without the co-signer's consent. Subject to the provisioas of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Securiry Instrument in writing, and is approved by Lender, shall obta.in all of Borrower's rights and benefits under this Security Instrument. Borrower sha11 not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agteements of this Security Instrument sha11 bind (except as provided in Section 20) and benefit the successors and a.ssigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed ia connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Secutity Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender ma.y not charge fees that are expressly prohibited by this Securiry Instrument or by Applicable Law. If the Loan is subject to a law which sets ma��imum loan charges, and that law is finally interpreted so that the interest or other loan cha.rges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan cha.rge sha11 be reduced by the amount necessary to reduce the charge to the permitted limit; aad (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct 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 prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Botrower will constitute a waiver of aay right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Securiry Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower sha11 constitute notice to all Botrowers unless Applicable Law expressly requites othetwise. 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 p VMP61NE) (11051.00 Wolters Kluwer Financial Services Page 11 of 17