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20120�0�4 <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 Bonower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proccedings 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 Security Instrument by reason of any demand made by the original Borrower or <br />any 5uccessors 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, enrities or Successors in <br />Interest of Borrower 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 �vho <br />co-signs this Securiry 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 Instr�ment; (b) is not personally obligated to pay the sums s�ured by this S�uriry <br />Instrument; and (c) agr�s that Lender and any other Bonower 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 />Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under this Security Instivment in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this S�urity Insttvment. Borrower shall not be released from <br />Borrower's obligations and liabiliry under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agr�ments of tlus S�urity Instnunent shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in conn�rion with Borrower's <br />default, for the purpose of prot�ting Lender's interest in the Property and rights under this Security <br />Instrument, including, but not limitefl to, attorneys' f�s, property inspecrion and valuation fees. In regard to <br />any other fces, the absence of express authority in this S�urity Instrument to chazge a sp�ific f� to <br />Bonower shall not be construed as a prohibition on the charging of such fe,e. Lender may not chazge fces <br />that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maYimum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges coll�ted or to be coll�ted in conn�tion 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 permitted limit; and (b) any sums already coll�ted from Borrower which exc�ed permitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by maldng a direct payment to Borrower. If a refund reduces principal, the reduction will <br />be treatefl as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Borrower's acceptance of any such refund made by dir�t payment to <br />Bonower will consritute a waiver of any right of acrion Borrower might have arising out of such overcharge. <br />:, <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 connecrion with this Security Instrument shall be deemed to have been <br />given to Bonower when mailed by first class mail or when actually delivered to Bortower's notice address if <br />sent by other means. 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 Famlly-Fannie Mee/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/07 <br />VMP Q VMPB(NEI (7105) <br />Wolters Kluwer Financial Services Page 11 of 17 <br />