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�4120�93� <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 S�urity Instrument granted by Lender to Borrower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Borrower. Lender shall not be requirefl to commence proceedings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortizazion <br />of the sums secured by this 5ecurity Instrument by reason of any demand made by the original Borrower or <br />any SucceSSOrs in Interest of Bonower. 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 Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrees 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 this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Insmiment; (b) is not personally obligated to pay the sums se,cured by this Securiry <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or malce <br />any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under this S�urity Instrument in writing, and is approvefl by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Insm�ment. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agreements of this Security Insmiment shall bind (except as provided in Se�tion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this S�urity <br />Instrument, including, but not limited to, attomeys' fees, property inspecrion and valuarion fces. In regard to <br />any other fees, the absence of express authority in this Security Instrument to charge a sp�ific fe� to <br />Borrower shall not be construed as a prohibirion on the charging of such fee. Lender may not charge fees <br />that aze expressly prohibited by this S�urity Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpretefl so that <br />the interest or other loan charges collected or to be collected in conn�tion with the Loan exceed the <br />pernuttefl limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />chazge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal o�vefl <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the redudion �vill <br />be treatefl as a partial prepayment without any prepayment chazge (whether or not a prepayment charge is <br />provided for under the Note). Borrower's acceptance of any such refund made by direct payment 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 Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Securiry Instrument shall be deemed to have been <br />given to Bonower 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 Bonowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Famlly-Fennie Mae/Freddle Mec UNIFORM INSTRUMENT Farm 3028 1/01 <br />VMP � VMPBWE) (1105) <br />Wolters Kluwer Financial Services Page 11 of 17 <br />