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20120764� <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 Bonower or any <br />Successors in Interest of Bonower. Lender shall 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 secured by ttus Security Instrument by reason of any demand made by the original Borrower or <br />any Successors in Interest of Borrower. 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 Instnunent but does not ex�ute 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 personally obligated to pay the sums secured by this S�urity <br />instrument; and (c) agr� that Lender and any other Borrower can agrce to extend, modify, forhear or make <br />atty accommodations with regazd to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Secrion 18, any Successor in Interest of Bonower who assumes Borrower's <br />obligations under this S�urity Instrument in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this S�urity Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this S�urity Insmunent unless Lender agr�s to such release in <br />writing. The covenants and agr�ments of this Security Insmiment shall bind (except as provided in Section <br />20) and benefit the successors and assigns of L�nder. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in connecrion with Bonower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this S�urity <br />Instnunent, including, but not limited to, attorneys' fees, property inspection and valuation feas. In regard to <br />any other fees, the absence of express authority in this S�urity Instnunent to chazge a specific f� to <br />Bonower shall not be construefl as a prohibirion on the chazging of such f�. Lender may not charge f�s <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 that law is finally irnerpreted so that <br />the interest or other loan chazges collected or to be collected in connection with the Loan excced the <br />permitted 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 exceedefl permitted <br />limits will be refundefl to Borrower. Lender may choose to make this refund by reducing the principal owefl <br />under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction wiil <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayme.nt charge is <br />' provided for under the Note). Borrower's acceptance of any such refund made by dir�t payment to ' <br />Bonower will constitute a waiver of any right of acrion Borrower might have arising out of such overcharge. <br />aY - . , r� � �r <br />�•. 15. Notices. All notices given by Borrower or Lender in conn�tion with this Security Instrument must be in � ,� <br />�• writing. Any notice to Borrower in connection with this Security Instnunent shall be deemed to have b�n '��' <br />givett to Borrower when mailed by first class mail or when actually delivered to Bonower's notice address if <br />sent by other means. Notice to any one Borrower shall consritute notice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM �NSTRUMENT Form 3028 1/01 <br />VMP � VMPB(NEl (110b) <br />Wolters Kluwer Financial Services Page 11 of 77 <br />