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2012036�ti <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 tlus Security Instrument granted by Lender to Bonower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings 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 Instnunent by reason of any demand made by the originai 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, enriries 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 that Borrower's obligations and liabiliry shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-si,gcLng tlus <br />Security Inst7vment only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this S�urity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or mak� <br />any accommodarions 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 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 />Borrower's rights and benefits under this Security Instrument. Bonower shall not be released from <br />Borrower's obligations and liability under this S�urity Instrument unless Lender agrees to such release in <br />writing. The covenants and agre�ments of this S�urity Insmiment shall bind (except as provided in S�tion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Borrower fees for services performed in conn�tion 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' fees, property inspection and valuation fees. In regazd to <br />any other fees, the absence of express authority in this Security Insirument to charge a specific fce to <br />Borrower shall not be construed as a prohibirion 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 subj�t to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be coll�ted in connection with the Loan exce�rl the <br />permitted limits, then: (a) any such loan chazge 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 excee�efl permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by maldng a dire,ct payment to Bonower. If a refund re�iuces principal, the reduction will <br />be treated as a partial prepayment without any prepayment chazge (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 acrion Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Bonower or Lender in connection with this Security Inst7vment must be in <br />writing. Any notice to Bonower in connecrion with this Security Insttvment shall be d�med to have bcen <br />given to Bonower when mailed by first class mail or when actually delivered to Bonower'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/Freddle Mac UNIFORM INSTRUMENT <br />VMP � <br />Woltera Kluwer Financial Services <br />Fom, sozs �ro� <br />VMPBINE) (1105) <br />Page 71 of 7 7 <br />,�..,,' �.. <br />