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20120007� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instniment granted by Lender to Bonower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Bonower. Lender shall not be required to commence proccedings 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 Instniment by reason of any demand made by the original Bonower or <br />any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitarion, Lender's acceptance of payments from third persons, entiries 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 />agr�s that �rrower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this S�urity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />S�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Progerty under the <br />terms of this Se�urity Instrument; (b) is not personally obligate� to pay the sums s�urefl by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agr� to extend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Instrument or the Note without the cfl-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 />Borrower's rights and benefits under this Security Instnunent. Borrower shall not be released from <br />Bortower's obligations and liability under this Security Instrument unless Lender agrces to such release in <br />writing. The covenants and agreements of this Se�urity Instnunent shall bind (except as provided in Secrion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security <br />Instn7ment, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this Security Instnunent w charge a specific fee to <br />Bonower shall not be construed as a prohibition on the charging of such fe�. Lender may not charge fe,es <br />that aze expressly prolubitefl by this S�urity Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interprete� so that <br />the interest or other loan chazges coll�ted or to be collected in connection with the Loan exc�eed the <br />permitted limits, then: (a) any such loan chazge shall be reduced by the amount n�essary to reduce the <br />charge to the permitted limit; and (b) any sums already coll�ted from Borro�ver which exceedefl permitted <br />limits will be refunded to Borrower. L.ender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Bonower. If a refund r�uces principal, the redudion will <br />be treat� as a partial prepayment without any prepayment charge (whether or not a prepayment chazge is <br />provided for under the Note). Bonower's acceptance of any such refund made by direct payment to <br />Borrower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. Notices. All norices given by Bonower or Lender in connection 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 Borrower when mailed by first class mail or when actually delivered to Borrower's norice address if <br />sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-S(ngle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6(NE) (1105) <br />Wolters Kluwer Financial Servicea Page 11 of 17 <br />