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�o������c <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 S�urity Instrument granted by Lender to Bonower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proaeedings 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 S�urity Instrument by reason of any demand made by the original Bonower or <br />any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, enrities 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 />agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this Security Insmzment 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 Properiy 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, forbear or make <br />any accommodations with regard 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 />obligarions under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instivment. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performefl in conne�tion with Bonower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Se�urity <br />Insm�ment, including, but not limited to, attomeys' fees, property inspection and valuarion fees. In regard to <br />any other fees, the absence of express authority in this Security Instrument to charge a sp�ific f� to <br />Borrower shall not be construed as a prohibirion on the charging of such fee. Lender may not charge fces <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 chazges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be coll�tefl in connecrion 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 />chazge to the permitted limit; and (b) any sums already collected from Bonower which exceeded permitted <br />limits will be refund� to Bonower. Lender may choose to make this refund by reducing the principal o�vefl <br />under tlie Note or by making a dir�t payment to Borrower. 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 />provide� for under the Note). Borrower's acceptance of any such refund made by direct paymant 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 Se,curity Instrument must be in <br />writing. Any norice to Bonower in connection with this Security Instrument shall be d�mefl to have been <br />given to Borrower when mailed by first class mail or when actually delivered to Borrower's norice address if <br />sent by other means. Notice to any one Borrower shall consritute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMEN'f Form 3028 1/01 <br />VMP � VMP61NE1 (1105) <br />Wolters Kluwei Financtal Services Page 11 of 17 <br />,� e <br />I� <br />