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201108377 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 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 proceedings against any Successor in Interest of Bonower or to refuse to eztend time for payment or otherwise modify amortization of the sums se,cured by this Security Instrument by reason of any demand made by the original Bonower or any Successors 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. Bonower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument but does not ex�ute 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 S�urity Instrument; (b)is not personally obligated to pay the sums secured by tlus 5ecurity Instrument; and(c)agr�s that Lender and any other Borrower can agree to extend, modify, forbear or make ' 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 Borrower who assumes Bonower's obl'igations under this Security Instrument in writing, and is approved by Lender, shall obtain a11 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 sha11 bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower 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 limited to, attomeys' fees, properiy insp�tion and valuation fees. In regard to any other fees, the absence of express authority in this S�urity 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 finally interpreted so that the interest or other loan 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 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 this refund by reducing the principal owed under the Note or by making a dir�t payment to Borrower. If a refund refluces 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). Bortower's acceptance of any such refund made by dir�t payment to Borrower will constitute a waiver of any right of action Bonower might have arising out of such overchazge. � 15. Notices. All notices given by Bonower or Lender in connection with this Security Instrument must be in writing. Any notice to Bonower in connection with this Security Instrument sha11 be d�med to ha�e 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 Bonower shall constitute notice to a11 Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Progerty Address unless Bonower has NEBRASKA-Single Famdy-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 7/01 VMP� VMP61NE)(1705).00 Wolters Kluwer Financial Services Page 11 of 17