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201200463
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1/19/2012 8:48:03 AM
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1/19/2012 8:48:02 AM
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DEEDS
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201200463
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2oi20o��3 <br />any award or claim for damages that are attributa.ble to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied <br />in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by <br />Lender to Bonower or any Successor in Interest of Bonower shall not operate to release the liability of <br />B orrower or any 5uccessors in Interest of Borrower. Lender shall not be required to commence proceedings <br />against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the <br />original Borrower or a.ny Successors in Interest of Borrower. Any forbearance by Lender in exercising <br />any right or remedy including, vcrithout limitation, Lender's acceptance of payments from third persons, <br />entities or Successors in Interest of Bortower or in amounts less than the amount then due, shall not be <br />a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower <br />covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any <br />Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is <br />co-signing this Security Instsument only to mortgage, grant and convey the co-signer's interest in the <br />Property under the terms of this Security Instrument; (b) is not persona.11y obligated to pay the sums <br />secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to <br />extend, modify, forbear or make any accommodations with regard to the terms of this Security Inshument <br />or the Note without the co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's <br />obligations under this Security Inshument in writing, a.nd is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrumen� Borrower shall not be released from <br />Borrower's obligations and liability under this 5ecurity Instrument unless Lender agrees to such release <br />in writing. The covenants and agreements of this Security Instntment shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, properly inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not <br />charge fees that are 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 <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />HCFG-00359 <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP� <br />WoRers Kluwer Financial Services 201201184.0.0.0.4002-J20110824Y <br />Form 30261f01 <br />0&/11 <br />Page 11 of 16 <br />' S60 6' <br />I� <br />
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