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i , 1 � ,;. 12. Borrower Not Rele�sed; Forbe�rance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this S�urity Instrument grante� by Lender to Borrower or any Successor in Interest of Borrower shail not operate to release the Iiability of Borrower or any Successors in Tnterest of Bornower. Lender shall not be required to commence proce�ings against any Successor in Interest of Bortower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instnunent by reason of any demand made by the original Borrower or any Successors in Interest of Borrowez. Any forbearance by Lender in exercising any right or remedy including, withont limitation, Lender's acceptance of payments from third persons, enrities 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 agrces that Borrower's obligations and liability shall be joint and several. However, any Bonower who co-signs this 5ecurity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this S�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instsvment; (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 Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's obligarions under this Security Instrument in writing, and is approved by Lender, shal,l obtain all of Bonower's rights and benefits under this Se�urity Instrument. Borrower shall not be released from Bonower's obligations and liability under this S�urity Instrument unless Lender agrces to such release in writing. The covenants and agrcements of this Secwrity Insm�ment shall bind (except as provided in Section 20) and benefit the successors and assigns of L.ender. 14. l,oan Charges. Lender may charge Bonower fees for services performed in connecrion with Borrower's default, for the purpose of protecting Lender's interest in the I'toperty and rights under this Securiry Instrument, including, but not limited to, attomeys' f�s, properiy inspection and valuation fe�s, In regard to any other fees, the absence of express authority in this Se�urity Insmxment to charge a specific fee to Borrower shall not be construefl as a prohibition on the charging of such fe,e. Lender may not charge fees that aze expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a taw which sets maximum loan chazges, and that law is finally 'vaterpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exc,eed 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 collecte� from Borrower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Bonower. 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 dir�t payment to Bortower will constitute a waiver of any right of action �nower might have arising out of such overcharge. 15, Notices. All notices given by Borrower or Lender in connection with this Seceirity Insm�ment must be in writing. Any notice to Bonower in connection with this Security Instrument shall be deemed to have been given to Bonower when mailed by first class mail or when actually delivered to Bonower's norice address if sent by other means. Norice to any one Borrower shall constitute norice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has NEBRASKA-Single Famlly-Fannie Mae/Freddie Mac UNIFORM IPISTRUMENT Form 3028 7/01 VMP � VMPBrNE} (110b1 Wolters Kluwer Financial Services Pege 11 of 17 . . i` ^,' , +� � ; �'