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201201280
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2/21/2012 8:40:35 AM
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2/21/2012 8:40:34 AM
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201201280
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�a��o�2�0 <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 Borrower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Bonower. Lender shall not be required to commence proce�ings against any <br />Successor in Interest of Borrower or to refuse 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 Borrower or <br />any Suc,cessors 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, 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 Liabiliiy; Co-signers; Successors and Assigns Bound. Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instru.ment but does not execute the Note (a "co-sigmer"): (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 />Instnunent; and (c) agrees that I.ender and any other Borrower can agree 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 S�tion 18, any Successor in Interest of Borrower who assumes Bonower's <br />obligations under this S�urity Instrument in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this S�urity Insm�ment. Borrower shall not be released &om <br />Bonower's obligations and liability under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Se�tion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower f�s 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 S�urity <br />Instrument, including, but not limited to, attorneys' f�s, property inspection and valuation fe�s. In regatd to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific fee to <br />Bonower shall not be constru� as a prohibirion on the chazging of such fee. Lender may not charge f�s <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subj�t to a law which sets ma.ximum loan chazges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be collected in connection with the Loan exc�d the <br />permitted lixnits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />chazge to the permitted limit; and (b) any sums already collected from Bonower which excceded permitted <br />limits will be refunde� to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a dire,ct payment to Borrower. If a refund re�uces principal, th� 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 />Borrower will consritate a waiver of any right of action Borrower might have arising out of such overchazge. <br />15. Notices. All notice.s given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any norice to Bonower in conn�tion with this S�urity Instrument shall be de�med to have h�n <br />given to Bonower 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 Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/07 <br />VMP p VMPB(NE) (1105) <br />Wolters Kluwer Financial Services Page 7 7 of 77 <br />� ,M • . ,.n <br />
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