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2012072G� <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 S�urity Instrument granted by Lender to Borrower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. Lender sha11 not be required to commence proceedings 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 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, entities or Suc,cessors 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. Bonower covenants and <br />agrces that Bonower'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 tlus <br />S�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Securiry Instrument; (b) is not personally obligated to pay the sums s�ured by this Se�urity <br />Instrument; and (c) agre�s that Lender and any other Bonower can agree 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 />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's <br />obligations under this S�urity Insmiment in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. Bonower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of tYus Security Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Bonower fces 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 Security <br />Instrument, including, but not limited to, attomeys' fees, property inspection and valuation f�s. In regard to <br />any other fees, the absence of express authority in this Security Instrument to charge a sp�ific fee to <br />Borrower shall not be construed as a prohibition on the charging of such f�. Lender may not chazge 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 charges coll�ted or to be coll�ted in conne.ction with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reducefl by the amount necessary to reduce the <br />chazge to the permitted limit; and (b) any sums already collected from Borrower which excceded 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 making a dire�t payment to Bonower. If a refund reduc� principal, the refluction will <br />be treated as a partial prepayment without any prepayment chazge (whether or not a prepaymern charge is <br />provided for under the Note). Bonower's ac,ceptance of any such refund made by direct payment to <br />Bonower will constitute a waiver of any right of acrion Bonower might have arising out of such overchazge. <br />15. Notices. All norices given by Borrower or Lender in conn�tion with this S�urity Instrument must be in <br />writing. Any notice to Borrower in connection with this S�urity Instrument shall be deemed to have been <br />given to Borrower when mailed by first class ma.il or when actually delivered to Bonower's notice addr�s if <br />sent by other means. Notice to any one Bonower shall consritute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP Q <br />Wolters Kluwer Financlal Servic� <br />F�n soze �ro� <br />VMPB(NE) (1 i05) <br />Page 11 of 17 <br />