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�Oii4�435 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 sha11 not operate to release the Iiability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence procee�iings 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 Instnunent 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, 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. 73. Joint and Severat Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's abligations 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 Se�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under th�; terms of tius Security Instrument; (b) is not personally obligated to pay ihe sums secured by rhis Se�uriiy Instrument; and (c) agrees that I.euder and any other Borrower can agree to extend, modify, forbear or mak� any accvmmodations with regard to the terms of tlus Security Instrument or the Note without the co-signer's consent. 5ubject to the provisions of Secrion 18, any Successor in Interest of Bonower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower sha11 not be released from Borrower's obligations and liability under this Security Instrument unless I.ender agrees to such release in writing. The covenants and agrcements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regazd to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bonower sha11 not be construed as a prohibition on the charging of such fee. Lender may not charge fees ` that are expressly prohibit�i by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets masimum loan chazges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connecrion with the Loau excead 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 Borrower which exce�ded permitted limits will i�e refunded to Borrower. Lender may choose to make ttus refund by reducing the:principal owed undcr the Note or by ma�cing a direct �ayment to Borrower. If a refund reduces principai, the reduction will be treated as a partial �payment without any prepayment charge (whether or not a prepay�nt charge is provided for under the Note). Borrower's acceptance of any such refund made by dir�t payment to Borrower wiil constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by $orrower or Lender in connection with this Security Instnunent must be in wriring. Any notice to Borrower in connection with this Security Instrument sha11 be deerned to have 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 Borrower sha11 consritute notice to a11 Borrowers unless Applicable Law expressly requires otherwise. The notice address sha11 be the Property Address unless Borrower has NEBRASKA-Singie Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �- Form 3028 7/07 VMP B VMP61NE1 (1105! Wolters Kluwer Pinancial.Services . � . . . Page 11 �of 17 ;i#�� +�°�{i«'