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20120719� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modificarion of amortization of the sums secured by this Se,curity InstYVment 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 Bonower. 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 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, entiries 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 />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />S�urity 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 gersonally obligate� to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agr� to extend, modify, forbeaz or malce <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 Bonower who assumes Borrower's <br />obligations under this Se�urity Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. Borrower shall not be release�l from <br />Borrower's obligarions and liability under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in S�tion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in connection with Borrower's <br />default, for the purpose of protecting Lendez's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, attorneys' fees, properiy inspection and valuation f�s. In regazd to <br />any other f�s, the absence of express authority in tYus Security Instrument to chazge a sp�ific fee to <br />Borrower shall not be construed as a prohibirion on the charging of such f�. Lender may not charge fees <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subje�t to a law which sets maximum loan chazges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan chazge shall be reduced by the aznount necessary to reduce the <br />chazge to the permitted limit; and (b) any sums already collected from Borrower wluch exceeded permitted <br />limits will he refunded to Bonower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by maldng a dir�t payment to Borrower. If a refund refluc� principal, the re�luction will <br />be treated as a partial prepayment without any prepayment charge (whether 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 />Borrower will constitute a waiver of any right of action Borrower might have arising out of such overchazge. <br />15. Notices. All norices given by Bonower or Lender in connection with tlus Security Instrument must be in <br />writing. Any norice to Borrower in conn�tion with this Security Instrument shall be deemed to have be�n <br />given to Bonower when mailed by first class mail or when actually delivered to Bonower'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 Borrower has <br />NEBRASKA-Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP p <br />Wolters Kluwer Financial Services <br />Fom, so2a �ro� <br />VMPBINE) (1105) <br />Page 11 of 17 <br />