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� 201109300 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 Securiry Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any Successors in Interest of Borrower. Lender shall not be required to commence proccedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums s�ured by this 5ecurity Instnunent by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. Any forbeazance by Lender in exercising any right or remedy including, without lunita.tion, Lender's acceptance of payments from third persons, entities 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 Severel Liability; Co-signers; Successors �nd 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 execute 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 Security Insmiment; (b)is not personally obligated to pay the sums secured by this S�urity Insmiment; and(c)agrees that Lender and any other�nower 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 Se,ction 18, any Successor in Interest of Borrower who assutnes Borrower's obligations under this S�urity Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instnunent. 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 S�urity Instrument shall bind(except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges.•Lender may chazge Bonower 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, attomeys' fas, property inspection and valuation fces. In regazd to any other fees, the absence of express authority in this Security Instniment to charge a specific fee to Borrower shall not be cons�as a prohibition on the chazging of such fee. Lender may not chazge fees that aze expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subj�t to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan chazges coll�t�or to be collected in connection with the Loan exce�d 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 exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a d'u�t payment to Bonower. If a refund reduces 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). Borrower's acceptance of any such refund made by direct payment to Bonower will constitute a waiver of any right of acrion Bonower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Insm�ment must be in writing. Any notice to Bonower in connection with this Security Insrivment shall be deemed to have been given to Borrower when mailed by first class ma.il 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 unless Borrower has NEBRASKA-Singie Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMEIVT Form 3028 1/01 VMP� VMPB(NE1117051.00 Wolters Kluwer Financial Services Page 11 of 17