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201205807
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7/17/2012 9:02:30 AM
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7/17/2012 9:02:30 AM
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201205807
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2Q1205�07 <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 s�ured by this S�urity Instrument granted by Lender to Bonower <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 proc.eedings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortizarion <br />of the sums secured by this S�urity Instrument by reason of any demand made by the original Borrower or <br />any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remefly <br />including, without limitation, Lender's acceptance of payments from third persons, enrities 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 />agrces that Bonower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this Security Instrument but daes 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 S�urity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agr� that Lender and any other Bonower can agr� 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 S�rion 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under this S�urity Instnunent in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instnunent. Bonower shall not be released from <br />Borrower's obligarions and liability under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agre�ments of this Security Insmiment shall bind (except as provided in Secrion <br />20) and benefit the successors and assigns of I.ender. <br />14. Loan Charges. Lender may chazge Bonower fees for services performefl in connecrion with Bonower's <br />default, for the purpose of prot�ting Lender's interest in the Property and rights under this Security <br />Instniment, including, but not limite� to, attomeys' fees, property insp�tion and valuation f�s. In regazd to <br />any other fees, the absence of express authority in this Se,curity Instnunent to charge a spe�ific f� to <br />Borrower shall not be construed as a prohibition on the chazging of such f�. Lender may not charge f�s <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <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 chazges collected or to be collected in conn�tion with the Loan exce�d the <br />permitted limits, then: (a) any such loan charge shall be refluced by the amount n�;essary to refluce the <br />charge to the permitted limit; and (b) any sums already coll�ted from Borrower which exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owe� <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction �vill <br />be treatefl as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Bonower's ac�ceptance of any such refund made by direct payment to <br />Borrower will consritute a waiver of any right of action Bortower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in conne,ction with this Security Instrument shall be d�med to have be�n <br />given to Bonower when ma.iled by first class mail or when actually delivered to Borrower's notice 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 Famtly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP Q <br />Wolters Kluwer Financlal Services <br />Fo.�, soza iro� <br />VMPB(NE) (1105) <br />Page 11 of 17 <br />
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