201203967 - Laserfiche WebLink

Browse

RE-RE�O�DED 20120396'7 �.: :� � 2412032�� 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payri�ent or mod�cation of amortization of the sums secured by this Securiry Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liabiliry of Bonower or any Successors in Interest of Borrower: L.ender shall not be required to commence proceedings against any Successor in Interest of Borrower or �o refuse to extend time for payment or otherwise modify amortization of the sums secured by this Securiry Instrument by reason of any demand made by the original Borrower or any Successors indntere�t of Borrower. 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. Borrower covenants and agrees that Borrower's obligations and liabiliry shall be joint and several. However, any Bonower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Securiry Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; �(b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Bonower can agree 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 a11 of Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from Bonower's obligations and liabiliry under this Se,curiry Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Securiry Instnunent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Securiry Instniment, including, but not limited to, attorneys' fees, progerty inspection and valuation fees. In regard to any other fees, the absence of express authority in this Securiry Instrwnent to charge a spec�c fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Securiry Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, 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 permiued limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permiued limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a d'uect payment to Bonower: If a refund reduces principal, the reduction will be treated as a�partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. 7 5. Notices. All notices g'iven by Borrower or Lender in connection with this Securiry Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower 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 shall be the Property Address unless Borrower has NEBRASKA•Sir�le Famfly-Fannie Mae/Fraddie Mae UNIFORM INSTRUMENT VMP � Wokers Kluwer Financial Services Form 3026 1 /01 VMP6(NEI 171061.00 Page 11 of 17