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201207195
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8/29/2012 9:09:18 AM
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8/29/2012 9:09:17 AM
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201207195
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20�20�195 <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 Borrower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Borrower. 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 madify amortization <br />of the sums secured by this Security 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 remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entiries or Successors in <br />Interest of Borrower 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 Bonower's obligarions 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 />5ecurity Instrument only to mortgage, grant and convey the co-signer's interest in the Properiy under the <br />terms of this S�urity Instrument; (b) is not personally obligated to pay the sums secured by tlus Security <br />Insmimern; and (c) agrces that Lender and any other Borrower can agre� to extend, modify, forbeaz 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 Section 18, any Successor in Interest of Borrower who assumes Bonower's <br />obligations under this S�urity Instnunent in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Insrivment. Bonower shall not be releasefl from <br />Bonower's obligarions and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this S�urity Instniment 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 Bonower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Se�urity <br />Instrument, including, but not limited to, attorneys' fces, property inspection and valuation fees. In regard to <br />any other f�s, the absence of express authority in this Security Instrument to chazge a spe�ific fee 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 I,oan is subje,ct to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be colle�ted in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduceci by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Bonower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal ovved <br />under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction will <br />be treated as a pazrial prepayment without any prepayment chazge (whether or not a prepayment charge as <br />provided for under the Note). �nower's acceptance of any such refund made by dire,ct payment to <br />Bonower will constitute a waiver of any right of action �nower might have arising out of such overcharge. <br />7 5. Notices. All notices given by Bonower or Lender in conne,ction with this Security Instrument must be in <br />writing. Any norice to Borrower in conne�tion with this S�urity Instrument shall be deemefl to have b�n <br />given to Borrower when mailed by first class ma.il or when actually delivered to Bonower's notice address if <br />sent by other means. Norice to any one Borrower shall constitute notice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The norice address shall be the Properiy Address unless Borrower has <br />NEBRASKA-Single Family-Fannie MaeJFreddie Mac UNIFORM INSTRUMENT Porm 3028 1/01 <br />VMP 0 VMPB(NE) (1105) <br />Wolters Kluwer Financial Services Page 11 of 17 <br />
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