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201300361 <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 Security Instrument granted by Lender to Borrower <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 this Security Instrument 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 Several Liability; Co-signers; Successors and Assigns Bound. 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 Instrument 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 Borrower can agree 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 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 Instrument. Borrower shall not be released from <br /> Borrower's obligations and liability under this Security 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 Charges. Lender may charge Borrower 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 Security <br /> Instrument, 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 Security Instrument to charge a specific fee to <br /> Borrower shall not be construed as a prohibition 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 from Borrower which exceeded permitted <br /> limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br /> under the Note or by making a direct payment to Borrower. 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). Borrower's acceptance of any such refund made by direct payment to <br /> Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. <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 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 otherwise. The notice address shall be the Property Address unless Borrower has <br /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br /> VMP® VMPage 1'11010 151 <br /> Wolters Plower Financial Services <br />