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201108107 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 Security Instrument granted by Lender to Bonower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower 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 time for payment or otherwise modify amortization 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 limitarion, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then due, sha11 not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors end Assigns Bound. Borrower covenants and agrees that Bonower's obligarions 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 Security Instrument 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 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 regazd to the terms of ttus 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 Insmiment 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 obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this 5ecurity Instrument shall bind (except as provided in S�rion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees 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 Insm�ment, including, but not limited to, attorneys' fees, property inspecrion and valuation fees. In regud 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 aze 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 �inally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exce,ed the permitted limits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the chazge 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 this refund by reducing the principal owed under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reducrion will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided 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 action Borrower might have atising out of such overcharge. 15. Notices. All notices 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 Bonower when mailed by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to any one Borrower shall consritute norice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address sha11 be the Property Address unless Borrower has NEBRASKA-Single Family-Fannie Mae/Freddie Mec UNIFORM INSTRUMENT Form 3028 1/O7 VMP � VMPB(NE) (1105) Woltera Kluwer Financial Services Page 11 of 17 a