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20120782� <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 S�urity Instrument 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 Bonower. Lender shall not be required to commence proccedings 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 this S�urity Instrument by reason of any demand made by the original Bonower 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 Bonower or in amounts less than the amount then due, shall not be a waiver of or pr�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 obligarions and liability shall be joint and several. However, any Bonower who <br />co-signs this Security Tnstrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />S�urity Inst�vment only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this S�urity Instrument; (b) is not personally obligated to pay the sums secured by tlus Se�urity <br />Instrument; and (c) agrees that Lender and any other Bonower can agr� to extend, modify, forbear or make <br />any accommodations with regard 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 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. Bonower shall not be released from <br />Bonower's obligarions and liabiliry under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this 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 charge Bonower fees for services performed in conn�tion with Borrower's <br />default, for the purpose of protecting L.ender's interest in the Property and rights under this Security <br />Instnunent, 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 Security Instrument to chazge a specific fee to <br />Borrower shall not be construed as a prohibirion 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 chazges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount n�essary to reduce the <br />charge to the permitted limit; and (b) any sums already collectefl from Borrower which exceeded permittefl <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owefl <br />under the Note or by maldng a dir�t payment to Borrower. If a refund refluces principal, the reduction will <br />be treatefl as a partial prepayment without any prepayment chazge (whether or not a prepayment charge is <br />provided for under the Note). Bonower's acceptance of any such refund made by dir�t payment to <br />Bonower will consritute 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 S�uriry Instrument must be in <br />writing. Any notice to Bonower in connection with this S�urity Instrument shall be deemed to have b�n <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. Notice to any one Bonower shall constitute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Properiy Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mec UNIFORM INSTRUMENT Farm 3028 7/01 <br />VMP � VMP6INE) (1105) <br />Wolters Kluwer Financial Services Page 11 of 17 <br />