201204179 - Laserfiche WebLink

Browse

20120417� Security Instrument, whether or not then due. "Opposing Party" means the th9rd party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a rlght of ac8on in regard to Miscellaneous Pmceeds. Borrower shall be in default 9f any actlon or proceeding, wheWer civil or criminal, �s begun that, in Lender's judgment, could result in forfeiture of the Property or other materlal �lmpa�ment of Lender's interest in the Property or rights under this Security Inshvment. Borrower can cure such a default and, if acceleraHon has occurred, reinstate as provided in SecHon 19, by causing the acHon or proceeding to be dismissed wiW a niling that, in Lender's judgment, precludes forfeiture of the Property or other materlal impairment of Lender's 9nterest in the Property or dghts under this Security Instrument. The proceeds of any award or claim for damages that are attrlbutable to the impa9rment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoradon or repair of the Property shall be applied in the order provided for in Secflon 2. 12. Borrower Not Released; Forbearance By Lender Not a WaPver. Extension of the dme for payment or modificaHon of amordzaflon of the sums secured by this Security Instrument granted by Lender to Bonower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any Successors in Interest of Bonower. Lender shall not be required to commence proceediugs against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwLse modify amorNzaHon of the sums secured by this Security Instrument by reason of any demand made by the odginal Borrower or any Successors in Interest of Borrower. Any forbearance by Lender 9n exercising any dght or remedy including, without 19mitaHon, Lender's acceptance of payments from third persons, en6ities or Successors in Interest of Borrower or in amounts less than the amount Wen due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Ssveral Liability; Co�igners; Successors and Assigns Bound. Bonower covenants and agrees that Borrower's obligallons and liability shall be jo9nt and several. However, any Borrower who co-signs this SecurIty Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest 9n the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Securlty Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodatIons wiW regard to the tercns of this SecurIty Instrument or the Note wlthout the co-signer's consent. Subject to the provisions of Secflon 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Securlty Instrument in wrltlng, and is approved by Lender, shall obtain all of Borrower's rlghts and bene8ts under this Security Instrument. Bonower shall not be released from Borrower's obligations and liability under this Security Inshvment unless Lender agrees to such release In wridng. The covenants and agreements of this Securlty Inshvment shall bind (except as provided in Section 20) and beneflt the successors and assigns of Lender. 14. Losn Cherges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest 9n the Property and rlghts under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuatlon fees. In regard to any other fees, the absence of express authority in this Securlty Instrument to charge a speciflc fee to Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. 001722984783 Cltlbank 3.2.55.07 V1 NEBRASKA-Single Family-Fannie Mae/Freddta Mac UNIFORM INSTRUMENT WITH MERS Form 3028 1l01 vnnr � vnnrsAM� (i i os).00 Wolteis Kluwer Flnenciai SaMcas Page 11 of 77