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20120423� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modificarion of amortization of the sums secured by this Security Instrument granted by Lender to Borrower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings 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 Insmiment by reason of any demand made by the original Bonower or <br />any Succ�sors 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, entities or Successors in <br />Interest of Bonower 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. Borrower covenants and <br />agr�s that Bonower's obligations and liability sha11 be joint and several. However, any Bonower who <br />co-signs this S�urity 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 Properiy under the <br />terms of this Security Instrument; (b) is not personally obligatefl to pay the sums secured by this S�urity <br />Instrument; and (c) agre�s that Lender and any other Borrower can agree to extend, modify, forbear or make <br />any accommodations with regazd to the terms of this S�urity Instrument or the Note without the co-signer's <br />consent. <br />Subj�t to the provisions of Secrion 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under this Security Instnunent in writing, and is approve� by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instnunent. Bonower shall not be released from <br />Bonower'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 Inst.�vment shall bind (except as provide�i in Secrion <br />20) and benefit the suc,cessors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower f�s for services performe� in connecrion with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this S�uriry <br />Instrument, including, but not limited to, attomeys' fees, properiy inspe,ction and valuarion f�s. In regazd to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific f� to <br />Bonower shall not be construed as a prohibition on the charging of such f�. Lender may not charge fees <br />that aze expressly prohibited by this Security Instrument or by Applicable I.aw. <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 be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the <br />charge to the pernutted limit; and (b) any sums already colle,cted from Borrower which excceded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owe� <br />under the Note or by making a dire�t payment to Borrower. If a refund refluces principal, the r�uction 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). Borrower's acceptance of any such refund made by direct 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 norices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be d�med to have b�n <br />given to Borrower 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 Borrowers unless Applicable <br />Iaw expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMEM Form 3028 1/01 <br />VMP � VMP6INE) (1105) <br />Wolters K�uwer Financial Services Page 11 of 17 <br />h . <br />