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20�2a918� 12. Borrower Not Released; Forbearance By Lender Not a Weiver. Extension of the time for payment or modification of amortization of the sums securecl by this Securiry Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. I.ender shall not be rec2uired to commence proceedings against any 5uccessor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizadon of the sums secured by this Security Instzvment by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. A� forbearance by Lender in exercising any right or remedy including, without limitadon, Lender's acceptance of payments from third persons, entities or 5uccessors 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 end Several 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 onty 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 secured by this Security Instrument; and (c) agrees that Lender and any other Bozrower can agree to extend, modify, forbear or make anry accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of 5ection 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 release in writing. The covena.nts and agreements of f.his Security Insirument shall bind (except as pmvided in Section 20} and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower 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 Security Instnunent, including, but not limited to, attorneys' fees, property inspection and valuatioa fees. In regazd to any other fees, the absence oP exgress authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a pmhibition on the charging of such fee. Lender may not charge fees that are eacpressly prohibited by this Security Instrument or by Applicable Law. If the Laan is subject to a law wltich sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected 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 permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be reTunded 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. ff a refund reduces principal, the reduction will be treated as a partial prepayment without a.ny prepayment charge (whether or not a prepayment charge is provided for under the Note). Bortower's acceptance of any such refwid made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Securiry Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Bortower when mailed by first class mail or when actvally delivered to Borrower's nodce address if sent by other means. Nodce 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-Singla Family-Fannie Mae/Freddie Maa UNlFORM INSTRUMENT VMP � YJoltazs Kluwa Financfal Seroic� Farm 3028 7/01 VMPB�NE) (1106i.00 Page 11 ot 17