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2o��os99; 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthe time forpayment or modification of amortization of the sums secured by this Security Instntment granted by Lender to Bonower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings agaanst 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 demand made by the original Borrower or any 5uccessors in Interest of Borrower. Any forbearance by Lender in �ercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of B orrower 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. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and severaL However, a.ny Borrower who co-signs tlus Security Inshument but does not execute the Note (a "co-signer"): (a) is co-signing this 5ecurity Inshument only to mortgage, gra.nt and convey the co-signer's interest in the Properly under the terms of this 5ecurity Instrument; (b) is not personally obligated to pay the sums secured by this Security Inshument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or ma.ke a.ny accommodations with regard to the terms of this Security Inshument or the Note without the co-signer's consen� 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 Instntment unless Lender agrees to such release in writing. The covenants and agreements 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 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 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 constnted as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by tlus Security Instrument or by Applicable Law. If the Loan is subj ect to a law wluch 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 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 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 Securiiy Instrument must be in writing. Any notice to Borrower in connection with this Security 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 shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Properly Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of B orrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any nofice required by this Securiiy Instntment HCFG-00359 NEBRASKASingle Family-Fannie MaelFraddie Mac UNIFORM INSTRUMENT VMP� Wofters Kluwer Financial Services 201109094.0.0.0.4002-J20110224Y Form 3028 1/01 Page 9 of 13 '1 46 211 7' J-�� C'�