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2Ui108060 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this 5ecuriry 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 shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend tnne 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 5uccessors in Interest of Borrower. 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 Borrower or in amounts less than the amount then due, shall not be a waiver of or pr�lude 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, any Borrower who co-signs this Se,curity Insmiment but does 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 Security Instivment; (b) is not personally obligated to pay the sums secured by this S�urity Instrument; and (c) agrees that Lender and any other Borrower can agr� to extend, modify, forbear or malce 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 Bonower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from Bonower's obligarions and liability under this S�urity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instivment 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 prote,cting Lender's interest in the Properly and rights under this Security Instrument, including, but not lunited to, attomeys' f�s, properiy inspection and valuation fe,es. In regazd to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Iaw. If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted 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 �ermitted limit; and (b) any sums already collected from Bonower which exccefled permitted limits will be refiuided to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or �y maldng a dir�t payment to Borrower. If a refund reduc,�s principal, the re�uction will be treatefl as a�artiai �repayment without any prepayment charge (whether or not a prepayment charge is provided for ua�der 1�e Note). Bonower's acceptance of any such refund made by dir�t payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overchazge. 15. IVotices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any norice to Borrower in conn�rion 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 Property Address unless Borrower has NEBRASKA-Single Femily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3026 1/01 VMP p VMP6(NE) (1105) WoRers Kluwer Financial Services Page 11 of 17