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�o��oo��� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of atnortization of the sums s�ured by tlus S�urity Instrument 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 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 se,cured by this S�urity 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 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 Borrower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this Security 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 inter�t in the Property under the <br />teims of this 5�urity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agr� to extend, modify, forbear ot make <br />any accommodations with regazd to the terms of this S�urity Instrument or the Note without the co signer's <br />consent. <br />Subje,ct to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's <br />obligarions under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this S�urity Inst�rument. Borrower shall not be releasefl from <br />Bonower's obligations and liability under this S�urity Instrument unless Lender agrees to such release in <br />writing. The covenants and agre�ments of tlus S�urity Instrument shall bind (except as providefl in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Borrower fees for servic.es performed in conn�tion with Borrower's <br />default, for the purpose of prot�ting Lender's interest in the Property and rights under this Se�urity <br />Insm�ment, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this Security Instivment to charge a spe�ific fee to <br />Borrower shall not be construed as a prohibirion on the charging of such fe�. Lender may not charge fees <br />that aze expressly prohibited by this Security Instrument or by t�pplicable Law. <br />If the Loan is subj�t to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan chazges colle�ted or to be coll�tefl in conne,ction with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduc� by the amount ne,cessary to reduce the <br />charge to the pernutted limit; and (b) any sums already collected from Bonower which excceded p�rmitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the princiipal o�+efl <br />under the Note or by making a dir�t payment to Borrower. If a refund red�es principal, the reducxaon will <br />he treatefl as a pazrial prepayment without any prepayment charge (whether or not a prepayment c�arge is <br />provided for under the Note). Borrower's acceptance of any such refund made by direct payme� to <br />Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Bonower or Lender in connection with this Security Instivment 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 Bonower's norice address if <br />sent by other means. Norice to any one Bonower shall constitute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The norice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Famlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP p VMPB(NE) (1106) <br />Wolters Kluwer Financlal Services Page 11 of 17 <br />