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201200513
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1/20/2012 8:33:56 AM
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1/20/2012 8:33:55 AM
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DEEDS
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201200513
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2Q120Q5�� <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 Insm�ment granted by Lender to Borrower <br />or any Successor in Interest of Bonower 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 secured by ttus Security Instrument by reason of any demand made by the original Borrower or <br />any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acczptance 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 pr�lude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and <br />agr�s that Borrower's obligarions 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 />Security Instrument 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) agr�s that Lender and any other Bonower can agree to extend, modify, forhear or make <br />any accommodations 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 Borrower'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. Bonower shall not be releasefl from <br />Borrower's obligations and liability under tlus Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agr�ments of this Security Instivment shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Bonower fees for services performed in connection with Bonower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, attorneys' fees, property insp�tion and valuation fees. In regazd to <br />any other fees, the absence of express authority in this Security Insm�ment to chazge a specific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not chazge fees <br />that aze expressly prohibited 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 interpretefl so that <br />the interest or other loan charges collected or to be collected in conn�tion with the Loan exceed the <br />permitte� 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 coll�ted from Bonower 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 Note or by making � direct payment to Bonower. If a refund reduces principal, the reduction will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Bonower's acceptance of any such refund made by direct payment to <br />Bonower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. Notices. All notices given by Bonower or Lender in connection with this Security Instrument must be in <br />writing. Any norice to Bonower in conne�tion with this Security Instrument shall be deemed to have be�n <br />given to Borrower when mailed by first class mail or when actually delivered to Bonower's notice address if <br />sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable <br />I.aw expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 7/01 <br />VMP � VMPBINE) (1106) <br />Wokers Kluwer Financial Serv(ces Page 11 of 17 <br />I tl <br />
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