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2Q1201175 <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 Instrument granted by Lender to Bonower <br />or any 5uccessor in Interest of Bonower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Bonower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of �rrower or to re�use to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instrument 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 Bonower 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. Bonower covenants and <br />agrees tl�at Bonower'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 />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this �curity Instrument; (b) is not personally obligated to pay the sums s�ured by this Security <br />Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear 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 Borrower who assumes Bonower's <br />obligations under this Security Instivment in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instivment. Borrower shall not be released from <br />Bonower's obligarions and liability under this Security Instrument unless Lender agre,es to such release in <br />writing. The covenants and agreements of ttus S�urity Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of I.ender. <br />14. Loan Charges. Lender may charge Borrower fe,es for servic.es 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 />Instrument, including, but not limited to, attomeys' f�s, property inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this 5ecurity Instnunent to charge a sp�ific fee to <br />Bonower shall not be construed as a prohibition on the charging of such f�. Lender may not charge fees <br />that aze 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 interpretefl so that <br />the interest or other loan chazges collected or to be collected in conn�tion with the Loan exce�d the <br />permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected 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 a 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 dir�t payment to <br />Bonower 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 5ecurity Instrument must be in <br />writing. Any norice to Bonower in conn�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 Borrower's notice address if <br />sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />IdEBRASKA-Single Family-Fannie MaelFreddte Mac UNIFORM INSTRUMENT Form 3028 1/O7 <br />VMP � VMPB(NE) (1106) <br />Woltere Kluwer Financiel Services Page 11 of 17 <br />k ' <br />