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2 Q1109060 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 Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not he requirefl to commence proc.eedings 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 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 Bonower 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 Bonower's obligarions 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 the terms of this Security Instrument; (b) is not personally obligated to pay the sums s�ured by this S�urity Instrument; and (c) agrees that Lender and any other Bonower can agr� 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 Suc,cessor in Interest of Borrower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this 5ecurity Instrument. Bonower shall not be released from Bonower's obligations and liability under this S�urity Instrument unless Lender agr� to such release in writing. The covenants and agr�ments of this S�urity 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 Bonower's default, for the purpose of protecting Lender's interest in the Progerty and rights under this Security Instrument, including, but not limited to, attomeys' fe,es, property insp�rion and valuation feES. In regazd to any other fees, the absence of express authority in this Security Inslrument to charge a specific fe� to Bonower shall not be construed as a prohibition on the chazging of such f�. Lender may not charge fees that aze expressly prohibited by this Security Instrument or by Applicable Iaw. If the Loan is subject to a law which sets maximum loan chazges, 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�i the germitted limits, then: (a) any such loan charge shall be�rerluced by the amount n�:essary to reduce the charge to the permitted limit; and (b) any sums already collectefl from Borrower which exc.cecied permitted iimits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed unc�er ihe Note or by making a direct payment to Bonower. If a refund reduces principal, the r�uction will be treated as a partial prepayment without any prepayment charge (wh�her or not a prepayment charge is providefl for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 7 5. Notices. All notic� given by Borrower or Lender in conn�tion with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Bonower when ma.iled by first class mail or when actually delivered to Bonower's notice address if sent by other means. Norice to any one Borrower shall consritute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMP6INE) (1106) Wolters Kluwer Flnancial Services Pege 71 of 17 .+ ��; i F �,� pM ip , t