201406331 - Laserfiche WebLink

Browse

201406331 12. Borrower Not Released; Forbearance �y Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums s�ure�by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refiise to e�ctend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demaud made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by L.ender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, enrities or S�cce.ssors in Interest of Borrower 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. Joirrt and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liabiliry shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer"): (a)is co-signing this Security Insmiment 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 secured by this S�urity Instrument; and(c}agrees that Lender and any other Borrower can agree to extend, modify, farbear or make any accommodarions with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assum�Borrower's obligations under this Security Instrument 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 releasad from Borrower's obligarions and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(e�ccept as provided in Section 20)and benefit the successors and assigns of Lender. 14. l.roan Charges. Lender may charge Borrower fees for services performed in comie�tion with Bonower's default, for the purpose of protecting Lend�'s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees,property inspedion and valuation f�s. In regard to any other fas, the absence of elcpress authority in ttus Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibitian on the charging of such fee. L.ender 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 charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan excced the permitted limits, then: (a)any such loan charge shall be reduce3 by the amount necessary to reduce the charge to the permitted limit; and(b)any sums already collectad from Bonower which eTcceedad permitted limits will be refundefl to Borrower. Lender may choose to make this refund by r�ucing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a parkial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note). Bonower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. NotiC�s. All norices given by Borrower or Lender in connecrion with tlus Security Instrument must be in writing. Any notice to Borrower in connection with this Security Tnstrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall consritute norice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has 2300342828 D VBNE NEBRASKASingle Famity-Fannb Mae/Freddie Mac UNIFORM INSTRUMENT Fam 3028 1/01 VMP(� VMPB(NEy(1302) Woltera Kluwer Finandal Services Page 11 of 17