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��1207949 <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 Instnunent 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 Borrower. Lender shall not be required to commence procee�ings 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 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 ezercising any right or remedy <br />including, without limitation, L,ender'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 preclude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agr�s that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this S�urity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing ttus <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />temis of this Security Instrument; (b) is not personally obligated to pay the sums s�ured by this S�urity <br />Instrument; and (c) agrces that Lender and any other Bonower can agre,e to extend, modify, forbear or make <br />any accommodarions 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 Bonower'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 S�urity Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agr�ments of this S�urity Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Bonower fees for services performed in connecrion with Bonower's <br />default, for the purpose of prot�ting Lender's interest in the Property and rights under ttus S�urity <br />Insmiment, including, but not limited to, attomeys' fees, property inspection and valuation f�s. In regazd to <br />any other fees, the absence of express authority in this Security Instrument to charge a specific fee to <br />Borrower shall not be construed as a prohibirion on the charging of such fee. Lender may not charge fces <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interprete� so that <br />the interest or other loan chazges colle�ted or to be collecte� in conn�rion with the Loan excee� the <br />permitted limits, then: (a) any such loan charge shall be re�uced by the amount ne�:essary to reduce the <br />chazge to the permittefl limit; and (b) any sums already collected from Borrower which exceeded permittefl <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction will <br />be treated 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 dir�t paymern to <br />Borrower will constitute a waiver of any right of action Bonower might have arising out of such overchazge. <br />15. Notices. All notices given by Bonower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Bonower in connection with this Security Instrument shall be deemed 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 Bonower shall constitute notice to all Borrowers 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 INSTRUMENT Form 3028 1/01 <br />VMP � VMP8INE) (1105) <br />Wolters Kluwer Financial Services Page 11 of 17 <br />