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201208386
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10/10/2012 10:20:25 AM
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10/9/2012 4:37:28 PM
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201208386
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.._ �n12G�3�u <br />12. BorrowerNot Released;ForbearanceBy LenderNot a Waiver Extension of the time for payment or <br />modification of amottization of the sums secured by this 5ecurity Instrument giauted by Lender to Bortower <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 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 tlus Security Inshvment 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 preclude the <br />exercise of any right or remedy. <br />13. Joint and S�veral Liability;Co-sign�rs;Successorsand AssignsBound.Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instnunent 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 Security <br />Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Instruwent 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 />Borrower's rights and benefits under this Security Instnunent. Boaower shall not be released Gom <br />Boaower's obligations and liability under this 5ecurity 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 Cha�ges. Lender may charge Borrower fees for services performed in connection with Boaower's <br />default, for the purpose of protecting Le�►der's interest in the Property and rights under this Security <br />Instnunent, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this Secutity Instrument to charge a specific fee to <br />Bortower shall not be construed as a prolubition 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 subject to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges 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 necessary to reduce the <br />charge to the permitted limit; and (b� any sums already collected Gom Boaower which exceeded permitted <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 Bortower. 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 direct payment to <br />Borrower will constitute a waiver of any right of ac�ion Bortower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instivment must be in <br />writing. Any notice to Borrower 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 Borrower. shall constitute notice to all Borrowers unless Applicable <br />Law expressly requires othetwise. The notice address shall be the Property Address ualess Borrower has <br />NEBRASKASingle Femily-Fannle Mae/Freddfe Mec UNIFORM INSTRUMENT Fortn 30281/01 <br />VMP � VMPB(NE) (110b).00 <br />Wolte�a Kluwer Financial Servicea Page 11 oi 17 <br />
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