201208730 - Laserfiche WebLink

Browse

�4120873� 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this 5e,curity Instrument granted by Lender to Bonower or any Successor in Interest of Borrower 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 Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Bonower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, enriries 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. Borrower covenants and agr�s that Bonower's obligarions and liability shall be joint and several. However, any Borrower who co-signs this S�uriry Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security 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 obligated to pay the sums s�ured by this 5ecurity Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of S�tion 18, any 5uccessor in Interest of Borrower who assumes Bonower's obligations under this Security InstYVment in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this S�urity Instrument. Borrower shall not be released from Bonower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agr�ments of this Se�urity Insm�ment shall bind (except as provided in Se�tion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Bonower f�s for services performed in connecrion with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this S�urity Instrument, including, but not limited to, attomeys' fees, property inspection and valuation f�s. In regazd to any other fees, the absence of express authority in this S�urity Instrument to charge a specific f� to Borrower shall not he construefl as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan chazges coll�ted or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount n�ssary to refluce the chazge to the permitted limit; and (b) any sums already collected from Borrower which exceedefl permittefl limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the re�iucrion will be treatefl as a partial prepayment without any prepayment charge (whether or not a prepayment charge is providerl for under the Note). Bonower's acceptance of any such refund made by dir�t payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in conn�tion with this S�urity Instrument must be in writing. Any notice to Bonower in connection with this Security Instrument shall be de,emed to have b�n given to Borrower when ma.iled by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has NEBRASKA-Single Famlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMPB(NE) (11051 Wolters Kluwer Finenclal Servic� Page 11 of 17