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�01209015 <br />12. Borrov�er Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums s�ured by this Security Instrument granted by Lender to Bonower <br />or any Successor in Interest of Bonower 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 amortizarion <br />of the sums secured by this Se,curity Instniment 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 pre�lude 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 Bonower'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 />S�urity Insmiment 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 s�ured by this Security <br />Instrument; and (c) agrees that Lender and any other Bonower can agr� to extend, modify, forbear or make <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 Bono�ver's <br />obligarions under this Securiry Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Insmunent. Bonower shall not be released from <br />Bonower's obligations and liability under this S�urity Instrument unless Lender agr�s to such release in <br />writing. The covenants and agresments of this Security Insttvment shall bind (except as provided in Secrion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Bonower's <br />default, for the purpose of protecting Lender's interest in the Properly and rights under this Se�urity <br />Instrument, including, but not limited to, attomeys' fees, property inspecrion and valuarion fees. In regazd to <br />any other fees, the absence of express authority in this Security Instnunent to chazge a specific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge f�s <br />that aze expressly prohibited by this S�urity Instrument or by Applicable Law. <br />If the Loan is subject to a law wluch sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan chazges coll�ted or to be coll�ted in connection with the Loan exce� the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitte�l limit; and (b) any sums already collected from Bonower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make ti�is refund by reducing the principal owefl <br />under the Note or by making a direct payment to Bonower. If a refund refluces principal, the reduction �rill <br />be treated as a partial prepayment without any prepayment charge (�vhether or not a prepayment charge is <br />provid� for under the Note). Bonower's acceptance of any such refund made by dir�t payment to <br />Bonower will constitute a waiver of any right of action Borrower 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 conne�tion with this S�urity Insmament shall be d�med to have been <br />given to Borrower when mailed by first class mail or when actually delivered to Borrower's norice address if <br />sent by other means. Notice to any one Bonower shall consritute notice to all Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Famlly-Fannie Mae/Freddia Mac UN�FORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6(NE) (7105) <br />Wolters Kluwer Financial Servicas Page 11 of 17 <br />