201109878 - Laserfiche WebLink

Browse

�o��o�� 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 Bonower sha11 not operate to release the liability of Bonower 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 sums secured by this Se�urity Instrument by reason of any demand made by the original $orrower 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, enrities or Successors in Interest of �nower 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. Bonower covenants and agrees that Borrower'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 tlus Security 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 secured by this Security Instrument; and (c) agr�s that Lender and any other Bonower can agree to extend, modify, forbear or make any accommodations with regazd to the terms of this S�urity Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Suc,cessor in Interest of Bonower who assumes Borrower's obligarions under this 5�urity Insmament in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this Security Instrument. Bonower shall not be released from Bonower'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 provide�l in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in conn�tion with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Insmiment, including, but not limited to, attomeys' f�s, properly inspection and valuarion fe,es. In regazd to any other fees, the absence of express authority in this Security Instrument to charge a specific fa to Borrower shall not be construed as a prohibition on the chatging of such fee. Lender may not charge fees that aze expressly prohibited by this S�urity Instrument or by Applicable Law. 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 chazges coll�ted or to be coll�ted in conn�tion with the Loan exceed the pernutted 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 Bonower 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 dir�t payment to Bortower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chazge (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 action Borrower might have arising out of such overchatge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Insuument must he in writing. Any notice to Bonower in connecrion with tlus Security Instrument shall be de,emed to have b�n given to Bonower when mailed by first class mail or when actually delivered to Bonower's norice address if sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers 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/O7 VMP � VMPBINE) (1106) Wolters Kluwer Pinancial Services Page 17 of 17