201207827 - Laserfiche WebLink

Browse

201207827 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modificarion of amortization of the sums secured by this Security Instrument granted by Lender to Bonower or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any Successors in Interest of Bonower. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization of the sums s�ured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this S�uriry Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligate� to pay the sums secured by this Security Instrutnent; and (c) agrces that Lender and any other Bonower can agree to extend, modify, forbear or make any accommodarions with regazd to the terms of this S�urity Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under tlus Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under this S�urity Instnunent. Borrower shall not be released from Bonower's obligations and liability under this S�urity Instrument unless Lender agr�s to such release in writing. The covenants and agr�ments of this S�urity Instrument shall bind (except as provided in S�tion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fces for services performed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property insp�tion and valuation fees. In regazd to any other fees, the absence of express authoriry in this Security Instrument to charge a specific f� to Borrower shall not be construed as a prohibition on the charging of such f�. Lender may not charge f�s that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subje�t to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be coll�ted in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to refluce the charge to the permitted limit; and (b) any sums already collected from Bonower which exceeded permitted limits will be refunded to Bonower. Lender ma,y choose to make this refund by reflucing the principal owefl under the Note or by making a direct payment to Borrower. If a refund re�uc� principal, the refluction will be treatefl as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by dire.ct payment to Bonower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. 15. Notices. All norices given by Bonower or Lender in connection with this S�urity Instivment must be in writing. Any norice to Bonower in conne�tion with this Security Instrument shall be deemed to have been given to Bonower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Norice to any one Bonower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The norice address shall be the Property Address unless Borrower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMPBINE) (11051 Wolters Kluwer Ffnanciel Services Page 11 of 17