Laserfiche WebLink
200002516 <br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this <br />Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 16. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this <br />Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant <br />and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally <br />obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may <br />agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or <br />the Note without that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which <br />exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the <br />principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction <br />will be treated as a partial prepayment without any prepayment charge under the Note. <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given <br />by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any <br />notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given <br />as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. If the indebtedness secured hereby is guaranteed or insured under Title <br />38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern <br />the rights, duties and liabilities of the parties hereto, and any provisions of this or other instruments executed in <br />connection with said indebtedness which are inconsistent with said Title or Regulations are hereby amended to conform <br />thereto. <br />In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such <br />conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the <br />conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />16. Transfer of the Property. This loan may be declared immediately due and payable upon transfer of the Property <br />securing such loan to any transferee, unless the acceptability of the assumption of the loan is established pursuant to <br />Section 3714 of Chapter 37, Title 38, United States Code. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums <br />secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender <br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />17. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other <br />period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions <br />are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note <br />as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses <br />incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes <br />such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the <br />Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. <br />Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully <br />effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration <br />under paragraph 16. <br />18. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security <br />Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the <br />entity (known as the "Loan Servicer ") that collects monthly payments due under the Note and this Security Instrument. <br />There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of <br />the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 13 above and <br />applicable law. The notice will state the name and address of the new Loan Servicer and the address to which <br />payments should be made. The notice will also contain any other information required by applicable law. <br />19. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of <br />any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything <br />affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to <br />the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental <br />or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. <br />As used in this paragraph 19, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, <br />toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive <br />NEBRASKA- Single Family- UNWORM INSTRUMENT <br />Document Systems, Inc. (800) 649 -1362 Page 4 of 6 <br />