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201108220 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 Borrower or any Successors in Interest of Borrower. I,ender 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 amortizarion of the sums secured by this Security Instrument by reason of any demand made by the original Bonower or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, enrities or 5uccessors 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. Borrower covenants and agrees that Borrower's obligarions and liability shail 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 this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of tlus Security Insmiment; (b) is not personally obligated to pay the sums secured by this 5ecurity Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbeaz or make any accommodations with regatd to the terms of this 5ecurity 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 Borrower's obligations under this Security Instrument in writing, and is approved by I.ender, 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 Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the snccessors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Bonower`s default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not Iimited to, attomeys' fees, property inspecdon and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to chatge a specific fee to Bortower sha11 not be construed as a prohibition on the chazging 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 finally interpreted so that the interest or other loan charges colle,cted 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 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 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 red.ucrion will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment chazge 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 arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connecrion with ttus Security Instrument shall he deemed to have been given to Bonower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Bonower 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-Fannle Mae/Freddie Meo UNIFORM INSTRUMENT porm 3028 1/01 VMP � VMPBINE) (1706) Wo(tera Kluwer Ffnencta( Servtcea Page 11 of 17 �a ,