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2011085�3 92. BorrowerNot Released;ForbearanceBy LenderNot a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instnunent 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 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 atty Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitarion, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then dne, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability;Co AssignsBound.Borrower covenants and agees that Borrower's obligations and liability shall be joint and several_ However, any Bortower who co-signs this Security Instnnnent but does not execute the Note (a "co-signer"): (a) is co-signing this Secttrity Insirutnent only to mortgage, grant and convey the co-signer's interest in the Properly under the terms of this Security Instrument; (b} is not personally obligated to pay the sums secured by this Security Instnunent; and (c) agrees that Lender and any other Bonower can agree to extend, moclify, forbear or make any accommodations with regard to the terms of this Security Instnament or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Bortower who assumes Borrower's obligations under this Security Inshument 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 Bonower's obligations and liability under this Security Instrument u.nless Lender agrees to such release in writing_ The covenants and agreements of this Security Instrument shall bind (except as provided in Section 2Q) and benefit the successors and assigns of Lender. 94 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 Instntment, 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 Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee_ Leuder may not charge fees that are 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 intetpreted 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 akeady collected from Borrower which exceeded permitted limits will be refanded to Borrower. Lender may choose to make this refund by reducing the principal owed uuder the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a grepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Bortower will constitute a waiver of any right of action Botrower might have arising out of such overcharge. 15. NotiCes. A11 notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Bonower in connection with this 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 to any one Bonower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address uuless Borrower has NEBRASKASingle Family-Fannie Mas/Freddie Mac UNIFORM INSTRUMENT Fortn 30261l01 VMP � VMPB(NE) (1105).00 Wolters Kluwer Financial Services Page 11 of 17