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20�10�30� 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modificarion of amortizarion of the sums secured by this Security Instrument granted by Lender to Bonower or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any Successors in Interest of Bonower. Lender sha11 not be required to commence proceedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortizarion of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entiries 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. Bonower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this S�uriry Instivment but dces not execute 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 5ecurity Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or make any accommodarions 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 Se�urity 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 agr�s to such release in writing. The covenants and agreements of this Se�urity Instrument shall bind (except as provided in Section 20) and benefit the suc,cessors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fces for services performed in connecrion with Bonower'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 regazd to any other fees, the absence of express authority in this Security Instrument to charge a specific fe� to Borrower shall not be construed as a prohibition on the charging of such f�. Lender may not chatge f�s that are expressly prohibited by this 5ecuriry Inst�ument or by Applicable Law. If the Loan is subject to a law which 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 permittefl limit; and (b) any sums already collected from Borrower which exceede� permittai limits will be refundefl 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 dir�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 Bonower or Lender in connection with this Security Instr�ment must be in writing. Any notice to Bonower 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 norice 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 INSTRUMENT Form 3028 1/01 VMP � VMPB(NE) (1106) Wokers Kluwer Financial Services P >>�f � �