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2a1108063 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the swns secured by this Security Instrument granted by Lender to Borrower 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 procsedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums s�ured 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 limitarion, 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 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 Bonower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing ttus Security Instivmment only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums s�ured by this Se�urity Insttvment; and (c) agrces that Lender and any other Bonower can agree to extend, modify, forbear or malce any accommodarions with regazd to the terms of this Security Instrument or the Note without the co-signer's consent. Subj�t 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. Bonower shall not be releasefl 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 shall bind (exc�pt as provided in Se,ction 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Properiy and rights under this Security Instrument, including, but not limited to, attorneys' fees, property insp�tion and valuation f�s. In regazd to any other fees, the absence of express authority in ttus Security Instrument to charge a sgecific 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 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 coll�ted or to be collected in connection with the L.oan exceed the permitted limits, then: (a) any such loan charge shall be re�uced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make tlus refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, t�e reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is providefl for under the Note). Bonower's acceptance of any such refund made by direct payment to Bonower will constitute a waiver of any right of acrion Bonower might have arising out of such overcharge. 15. Notices. All norices given by Bonower or Lender in connection with this Security Instrument must be in writing. Any norice to Bonower in connection with this Security Instivment shall be de�med to have been given to Bonower when mailefl by first class mail or when actually delivered to Bonower'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 Bonower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ' Form 3028 1/01 VMP � VMP6(NE) (1105) Wokers Kluwer Financial Services Page 11 of 17