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201204288
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5/31/2012 8:31:41 AM
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5/31/2012 8:31:41 AM
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201204288
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201204288 <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 S�urity Instrument granted by Lender to Bonower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Bonower. 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 amortiza.tion <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 limitarion, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of �nower 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 />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instnunent 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 Property under the <br />terms of this Security Instrument; (b) is not personally obligateri to pay the sums s�ured by this S�urity <br />Insmiment; and (c) agrees that Lender and any other Borrower can agre� 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 />Subj�t to the provisions of Section 18, any Succzssor in Interest of Bonower who assumes Borrower's <br />obligations under this Security Insm�ment in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. �rrower 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 agreements of this Security Instrument shall bind (except as providerl in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fces for services performed in connection 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, attorneys' fees, properiy insp�tion and valuation fees. In regazd to <br />any other fees, the absence of express authoriry in this S�urity Instrument to chazge a specific f� to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge f�s <br />that are expressly prohibiterl by this S�urity 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 loatt charges collected or to be collected in conn�rion with the Loan exc.ee�i the <br />permitte� limits, then: (a) any such loan charge shall be reduced by the amount necessary to rerluce the <br />charge to the permitted limit; and (b) any sums already collected from Bonower which excceded permitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed <br />under the 1Vote or by making a direct payment to Borrower. If a refund reduces principal, the reduction will <br />be tr� as a partial prepayment without any prepayment chazge (whetl�er or not a prepayment charge is <br />provided for under the Note). Bonower'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. Natices. All norices given by Bonower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Bonower in conn�rion with this Security Instrument shall be deemed to have b�n <br />given to Borrower when mailed by first class mail or when actually delivered to Borrower's norice address if <br />sent by other means. Notice to any one Borrower 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-Fennie Mae/Freddle Mac UNIFORM INSTRUMEM <br />VMP � <br />Walters Kluwer Financial Services <br />Fom, aoza � ro� <br />VMP6INE) (1105) <br />Page 11 of 17 <br />k � s $ "�' 'S ' , � a p �!'"� �� <br />
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