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�011U9�7� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the suu�s s�ured by this Security Instrument granted by Lender to Bonower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instrument by reason of any demand made by the original Bonower or <br />any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrees that Bonower's obligations and liability shall he joint and several. However, any Bonower who <br />co-signs this Security Instivment but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Insmiment only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agre�s that Lender and any other Borrower can agr� to extend, modify, forbear or make <br />any accammodations with regazd to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Se,curity Instrument. Borrower shall not be released from <br />Bonower's obligations and liability under this S�urity Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this S�urity Instrument shall bind (except as provided in Se�tion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in conn�tion with Bonower's <br />default, for the purpose of prot�ting Lender's interest in the Properly and rights under this Security <br />Instrument, including, but not limited to, attomeys' fees, property inspection and valuarion f�s. In regazd to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges coll�ted or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduceci by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already coll�ted from Borrower which exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed <br />under the I�1ote or by making a dir�t payment to Borrower. If a refund reducss principal, the reducrion will <br />be treated as a paztial prepayment without any prepayment chazge (whether or not a prepayment charge is <br />provided for under the Note). Bonower's ac.ceptance of any such refund made by dir�t payment to <br />Bonower will constitute a waiver of any right of action Bonower might have arising out of such overchazge. <br />15. Notices. All notices given by Bonower or Lender in conn�tion with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been <br />given to Bonower when mailed by first class mail or when actually delivered to Borrower's notice address if <br />sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Famfly-Fennie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 7/01 <br />VMP � VMPB(NE) (1106) <br />Wolters Kluwer Financial Servic� Page 11 af 17 <br />