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201108219 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for gayment or modification of amortization of the sums secured by this Secvrity Instrument granted by Lender to Bonower or any Successor in Interest of Borrower 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 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 lunitation, 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 greclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrees that Bonower's obligarions and liability shall be joint and several. However, any Borrower who co-signs this Security 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 Insnvment; (b) is not personally obligated to pay the sums securefl by this Security Instrument; and (c) agrees that Lender and any other Borrower can agr� to e�end, modify, forbear or make any accommodarions with regazd 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 Borcower who assumes Bortower's obligations under this Security Instnimnent in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this Security Instrument. Bonower shall not be released from Borrower's obligations and liability under this Secwrity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as pmvided in 5ection 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fees for servic.es performe� in conn�rion with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Se,curity Instn�ment, including, but not limited to, attomeys' fees, property inspe,ction and valuarion fe�s. In regard to any other fees, the absence of express authoriry in this Security Instrument to chazge a spc�ific fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fePs that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a Iaw which sets malcimum loan charges, and that law is finally interpreted so that the interest or other laan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount ne�essary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower 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 charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Bonower wiil constitute a waiver of any right of action 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 notice to Bonower in conn�tion with this S�urity 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 sha11 constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has NEBqASKA-S(ngle Femily-Fennte Mae/Freddte Mac UNIFORM INSTRUMENT Porm 3028 1/O7 VMP � VMPB(NE) (7106) Woltera Kluwer Financial Servicea Page 71 of 17 ..p .:: � ;' , ' � � � ii� R