201201329 - Laserfiche WebLink

Browse

2��20132� 12. Borrower Not Released; Forbearance By Lender IVot a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Bonower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any Successors in In�erest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instntment by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who co-signs this Security Instrument but does not ex�ute the Note (a "co-signer"): (a) is co-signing this 5ecurity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the tenns of this S�urity Instrument; (b) is not personally obligated to pay the sums s�ured by this Security Instrument; and (c) agr�s that Lender and any other Bonower can agr� to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this Security Instnunent. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of ttus Security Instniment shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower fe�s for services gerformed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' fe,es, property inspection and valuation f�s. In regard to any other fees, the absence of express authority in this S�urity Instnunent to chazge a specific f� to Bonower shall not be construed as a prohibition on the charging of such f�. Lender may not chazge fees that aze expressly prohibited by this S�urity Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower which exceeded pernritted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owe�i under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reducrion will be treated as a partial prepayment without any prepayment chazge (whether or not a prepayment chazge is provided for under the Note). Bonower's acceptance of any such refund made by direct payment to Bonower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. 15. Notices. All notices given by Bonower or Lender in connection with this S�urity Instrument must Ue in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Bonower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address sha11 be the Property Address unless Borrower has NEBRASKA-Single Famlly-Fannie Mae/Freddfe Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMP81NE) (1105) Wolters Kluwer Financial Services Page 11 of 17 � . .