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20�20194� <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 Se�urity Instrument granted by Lender to Bonower <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 proccedings 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 this Security 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 ac�ceptance of payments from third persons, entiries or Successors in <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude 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 that Borrower'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 Properly 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 agr� 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 Secrion 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrces to such release in <br />writing. The covenants and agreements of this S�urity Instrument shall bind (except as provide�i in Se�tion <br />20) and benefit the successors and assigns of I,ender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Bonower's <br />default, for the purpose of prot�ting L.ender's interest in the Property and rights under this S�urity <br />Insmiment, including, but not limited to, attomeys' fees, property insp�tion and valuation fces. In regard to <br />any other fees, the absence of express authority in this Security Instnunent to charge a specific fee to <br />Bonower shall not be construed as a prohibition on the charging of such fee. 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 interpreted so that <br />the interest or other loan charges coll�ted or to he collected in conne.ction with the Loan excced the <br />permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the <br />charge to the permitte� limit; and (b) any sums already collected from Bonower which exce�erl permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reflucing the principal owed <br />under the Note or by making a dir�t payment to Borrower. If a refund re�uc�s principal, the reduction will <br />be treatefl as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />providefl 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 Bonower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in conn�tion with this S�urity Instrument must be in <br />writing. Any notice to Bonower in connection with this Security Instrument shall be d�mQtl to have been <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 Bonower 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 />NEBRASKA-Single Family-Fannie Mae/Fraddie Mac UNIFORM INSTRUMENT Form 3028 1/O7 <br />VMP � VMP61Nf) (7105) <br />Wolters Kluwer Financial Servic� Page 11 of 17 <br />