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2Q�2Q9��� <br />dismissed with a ruling that, in Lender's judgmenk, preciudes forfeiture of the Propercy ar other m�aterial <br />impairment of Lcnder's interes# in the Property or rights under this Security Instrurnent. The proceecis of <br />any award or claim fc�r damages that are attributable to the impairment of Lencier's inTerest in the Praperty <br />are hereby assigned and shall be paid to Lender. <br />All M�sc;ellaneous Proceeds ihat are not applied to restoratian or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Fo�reaz�ance By Lender Not a Waiver. Extension of the tiune for <br />payment or modification of amortizatian of the sums secured by this Security Instrument granted by Lender <br />ta �3orrower or any Successor in Interest of Barrawer shall not operate to release the liability of Borrower <br />vr any Successors in Interest of T3orrower. I.ender shalI not 6e required to commence proceeding.s against <br />any Successor in Interest of Borrower or to refuse ta extend time for payment or otherwzse modify <br />amortization of the sums secured by this SecuriTy Instrument bv reasan of any demand made by the original <br />f3orrower or any Successors in lnteresl of Borrower. Any forbearance by Lender in exercising any ri�ht or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amc�unt then due, sha11 not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Jaint and Several Liability; Casiguers; Successors and Assigns Bvund Barrower covenants <br />and agrees that �3arrawez's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does aot execute the l�iote {a "co-signer"): {a) is co-signing ihas <br />Security Instrument only to mortgage, grant and convep the co-signer's interest in the Properiy under the <br />terms of this Security Instrument; (b) is nat personally obligated to pay fihe sums secured by lhis Security <br />Instrument; and {c) agrees tiiat Lender and any other Borrower can agree to extend, modify, forbear or <br />mal:e any accommodatians with regard to the terms of fhis Security Instrrun$nt or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Sectzon 18, any Successor in Interest of Borrower wha assumes <br />Borro�ver's obligations under this Security Instrument in writing, and is approved by Lender, shall oheain <br />ali of IIorrower's rights and bene�ts under this Security Insirument. Barrower shall not be released from <br />Bcirrower's obtigations and liability under this Security Instirument unless Lender agrees to such release in <br />writing. Thc covenants and agreemsnts of ihzs Security Instrument shall bind (exc$pt as provided in <br />Scction 20) and benefit the successors and assi�ns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services perfvrmed in connection with <br />Borrower's default, for the purpose of proiecting Lender's interest in the Pzoperty and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and vatuation fees. <br />In regard lo any other fees, the absence of express authority in this Security Instru�ent to charge a specific <br />fse to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />tees that are expressly prahibited by this Security Instrument or by Applicable Law. <br />if the Loan is subject lo a law whieh sets maximum loan charges, and that law is finally ic�terpreted so <br />that the interest or other loan charges collecLCd 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 permitled limrt; and (b} any sums already collected from Borrower which exceeded permitted <br />limits will bc refunded to &�rrower. Lender may choose to make thzs re�wtd by reduciz�g Ehe principai <br />owed under the ATnre or by making a direc;t payment to .Borrower. If a refund reduces principal, the <br />reduciion will be treated as a partial prepayment without any prepayznent charge (whether or not a <br />prepayment charge is provided for under the Note). Eorrower's acceptance of any such refund made by <br />direct paymen2 to Borrower will constitute a waiver of any right of action Iiorrower might hava arising out <br />of such overcharge. <br />15. 1Votices. All notic;es givan by Borrower or Lender in cflnnection with this Security InsUvment <br />must be in writing. Any notice to Borrower in canneetion with this Securiiy Instzument shall be deemed to <br />have been givcn to Borrower when mailed b}� �rst class mail or when actually delivered to Horrower's <br />noace address if sent by other means. Notice to any one Borrower shall constituts notice to all Borrowers <br />unless Applicable Law expressly requires �therwzse. The natice address shall be the Praperty Address <br />uniess Liarrower has designated a substitute noticc address by notice ta Lender. Barrowcr sha.l] promptly <br />notify Lender o� Borrower's chaage �f address. If Lender speci�ies a procedure far reporting Horrower' s <br />change of address, then Borrower shall only reporl a change of address through that speci�ed procedure. <br />12-06-000124 <br />NEBRASKA - Singie Family - Fannie Mae/Freddie Mac UNIFORM INSTHUMEMT WITH N1ERS <br />(�-6A(NE) tustio; �aae in ofi �s Form 3�28 1l01 <br />� <br />� <br />� <br />