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20�20735� <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 Instrusnent granted by Lender to Borrower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Borrower 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 modify amortization <br />of the sums secured by this S�urity Instrument by reason of any demand made by the original Bonower or <br />any Successors in Interest of Bonower. Any forbearance by L,ender in exercising any right or remedy <br />including, without limitation, I,�nder'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. Borrower covenants and <br />agrees that Borrower's obligations 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 />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Properly under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this S�urity <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or ma�c� <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 Borrower who assumes Borrower's <br />obligations under this Security 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 />Bonower's obligations and liability under this Security Instrument unless Lender agrces to such release in <br />writing. The covenants and agreements of this Security Instnunent shall bind (except as provided in S�tion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Bonower fces for services performed in connection with Borrower's <br />default, for the purpose of protecting I.ender's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, attorneys' f�s, properiy 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 />Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not chazge fees <br />that are 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 thai law is finally interpreted so that <br />the interest or other loan chazges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan chazge shall be reducefl by the amount necessary to reduce the <br />charge to the pemutted lurut; and (b) any sums already collected from Bonower which excceded permittefl <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owefl <br />under the Note or by making a dir�t payment to Borrower. If a refund reduc.es principal, the reduction will <br />be treated as a partial prepayment without any prepayment chazge (whether or not a prepayment chazge is <br />provided for under the Note). Bonower's acceptance of any such refund made by direct payment to <br />Bonower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. Wotices: All notices given by Borrower or Lender in conne,ction with this Security Instrument must be in <br />writing.� Any notice to Borrower in conn�tion with this Security Instrument shall be d�med to have been <br />given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if <br />sent by other means. Notice to any one Borrower shall constitute norice 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 Form 3028 1/01 <br />VMP Q VMPB(NE) (1105) <br />Wolters iCluwer Financial Services Page 11 of 17 <br />