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20120454� <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 Security Instrument granted by Lender to Borrower <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 procee�ings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums s�ured by this Security Instrument by reason of any demand made by the original Bonower or <br />any Successors in Interest of Borrower. 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 pr�lude 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 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 Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instnrment; and (c) agre�s that Lender and any other Bonower can agree to extend, madify, forbear or make <br />any accommodations with regazd to the terms of this Se,curity 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 Se,curity Instrument in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Bonower's obligations and liability under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agreements of this Security Insmiment shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fe�s for services performed in connection with Borrower's <br />default, for the purpose of prot�ting Lender's interest in the Property and rights under this Se�urity <br />Instrument, including, but not limited to, attomeys' f�s, property insp�tion and valuation fe�s. In regazd to <br />any other fees, the absence of express authority in this Se�urity Instnunent to charge a spe�ific fe� 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 prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subje.ct to a law which sets maximum loan charges, and that law is finally interprete� so that <br />the interest or other loan charges collected or to be coll�ted in connection with the Loan exceEd the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already coll�ted from Bonower which exceeded permittefl <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 making a direct payment to Borrower. If a refund reriuces principal, the reduction will <br />,be treated as a�artial prepayment without any prepayment charge (whether or not a prepayment charge is <br />providerl for under the Note). Borrower's acceptance of any such refund made by direct payment to <br />',Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. 'Notices. All notices given by Bonower or Lender in connection with this Security Insmiment must be in <br />writing. Any notice to Bonower in connection with this Security Instivment shall be d�med to have been <br />given to Bonower when mailed by first class mail or when actually delivered to Bonower's notice address if <br />sent by other m�c. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable <br />'Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Fam(ly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP p <br />Wolters Kluwer Financiel Services <br />Fom,sozs iro� <br />VMP6(NE) (1105) <br />Page 11 of 17 <br />4 <br />