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2oiio��3� 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 ar any Successors in Interest of Borrower. L.ender sha11 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 swns secured by this Security Instrument by reason of any demand made by the original Borrower 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, sha11 not be a waiver of or preclude the exereise of any right or remedy. 13. Joint and Severat Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and , agrees that Borrower's obligations and liability sha11 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 Instnunent only to mortgage, grant and convey the co-signer's interest in the Progerty under � terms of this Se�urity Instrument; (b) is not personally obligated to pay the sums secured by this �ecurifiy Instrument; and (c) agrees that i.ender and any other Borrower can agrce 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 Bonower who assumes Borrower's obligations uuder this Security Instnunent in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower 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 sha1l bind (except as provided in Section 20) and benefit ihe successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection yvith Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Secw[ity Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this 5ecurity Insmiment to charge a specific fee to Borrower shall nof be construed as a prohibition on the chazging of such f�. I,�nder may not charge fees that are expressly prohibited by this Security Instnunent or by Applicable Law. If the Loan is subject to a law whieh sets ma�imum 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 excee� the pernutted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted iimit; and (b) any swns already collected from Borrower which exceeded perrnitted limits will be refunded to $orrower. Lender may choose to make this refiuid by reducing the:principal owed under the No#e or by making a direct payment to Bonower. If a refund reduces principal, the red�tion wili be ireat�d as a partiai Pr�aYment without any prepayment charge (wh�er or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by dir�t paymerit to Borrower wiil constitute a waiver of any right of action Borrower might have arising out of such overcharge. � 5. Wotices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with tlus Security Instrument shall be deemed 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 ta any one Bonower sha11 constitute notice to all Borrowers unless Applicable Law expressly requires othertivise. The notice address sha11 be the Property Address unless Borrower has NEBRASKA-Single Family-Fannie Mae/Preddie Mac UNIFORM tNSTRUMENT Form 3028 ll01 VMP � VMP6(NE) (11051 Wotters Kluwer Financial Services Page 1 t of 17 ` "i �1 tk � f �� j. � ♦1 �f