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20120�30� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortizarion of the sums secured by this Securiry Instrument granted by Lender to Bonower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Bonower. L.ender shall not be required to commence proccedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Insmiment 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 limitation, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or pre�lude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrees that Bonower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Insm�ment 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 personally obligated to pay the sums secure� by this S�urity <br />Instrument; and (c) agrces that Lender and any other Bonower can agree to extend, modify, forbear or make <br />any accommodations with regazd 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�tion 18, any Successor in Interest of Bonower who assumes Borrower's <br />obligarions under this S�urity Instrument in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agreements of this Security Instniment shall bind (except as provided in Section <br />20) and benefit the suc�ssors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in connecrion with Borrower's <br />default, for the purpose of prot�ting Lender's interest in the Property and rights under this S�urity <br />Instivment, including, but not limited to, attorneys' fees, property inspecrion and valuation fees. In regard to <br />any other fees, the absence of express authority in this S�urity Instrument to charge a specific f� to <br />Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subj�t 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 coll�ted in connection with the Loan exceefl the <br />permitte� 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 collected from Borrower which exceeded permitterl <br />limits will be refunded to Bonower. L,ender may choose to make this refund by reflucing the principal owed <br />under the Note or by maldng a dir�t payment to Borrower. If a refund reduce.s principal, the reduction will <br />be treaie� 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 constitirte a waiver of any right of action Bonower 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 connection with this Security Instrument shall be d�med to have bcen <br />given to Bonower when mailed by first class mail 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 Borrowers unless Applicable <br />Law expressly re�uires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6(NE) (1105) <br />Wolters Kluwer Financial Services Page 11 of 17 <br />d' <br />