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�01107661 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modificarion of amortization of the sums secured by this Security Insmiment granted by Lender to Borrower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any Successors in Interest of Bonower. Lender sha11 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 demand made by the original Bonower 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, entities 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. Borcower covenants and agrees that Bonower°s obligations and liability shall be joint and several. However, any Borrower who co-signs tlus Security Instrument buf does not execute the Note (a "co-signer"): (a) is co-sigYUng this Security InstYUment only to mortgage, grant and convey the co-signer°s interest in the Property under the terms of this Security Insmiment; (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 accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Secrion 18, any Successor in Interest of Borrower who assumes Bonower's obligations under this Security Tnstrument in writing, and is approved by Lender, shall obtain all of Borcower'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 agrees to such release in writing. The covenants and agreements of this Security Instrument sha11 bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loen Charges. Lender may chazge Bonower fees for services performed in connection with Bonower's default, for the purpose of protecting L,ender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuaiion fees, In regard to any other fees, the absence of express authority in this Security Instivment to charge a spe.cific fe� to Borrower shall not be construed as a prokibition on the charging of snch fee. Lender may not charge fees that ate expressly prohibited by this Security Instrument 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 chazges collected or to be collected in connection with the Loan exceed the pernutted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the pernutted limit; and (b) any sums already collected from Bonower which exceed� 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 chazge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrowar will constitute a waiver of any riglit of action Borrower might have arisuig out of such overcharge. 15. Notices. All norices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any norice 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 norice address if sent by other means. Notice to any one Bonower shall constitute notzce to all Bonowers unless Applicable I.aw expressly requires otherwise. The notice address shall be the Property Address unless Bonower has NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT VMP � Woltera Kluwer Flnancial Servicea Form 3028 1 /01 VMPBWE) (1105) Page 11 of 17 �, �