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201704535
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7/6/2017 4:00:48 PM
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DEEDS
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201704535
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this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of <br />Lender's interest in the Property are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />11. 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 or any <br />Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of <br />Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to <br />refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument <br />by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance <br />by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third <br />persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a <br />waiver of or preclude the exercise of any right or remedy. <br />12. Joint and Several Liability; Co signers; Successors and Assigns Bound. Borrower covenants and agrees <br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security <br />Instrument but does not execute the Note (a "co- signer"): (a) is co- signing this Security Instrument only to mortgage, <br />grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not <br />personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other <br />Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security <br />Instrument or the Note without the co- signer's consent. <br />Subject to the provisions of Section 17, 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 Borrower's rights <br />and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability <br />under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this <br />Security Instrument shall bind (except as provided in Section 19) and benefit the successors and assigns of Lender. <br />13. 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 Instrument, <br />including, but not limited to, attorneys' fees, property inspection and valuation fees. Lender may collect fees and <br />charges authorized by the Secretary. Lender may not charge fees that are expressly prohibited by this Security <br />Instrument, or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is fmally interpreted so that the <br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, <br />then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; <br />and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. <br />Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment <br />to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment with no changes in the <br />due date or in the monthly payment amount unless the Note holder agrees in writing to those changes. Borrower's <br />acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action <br />Borrower might have arising out of such overcharge. <br />14. 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 given to <br />Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other <br />means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires <br />otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address <br />by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a <br />procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through <br />that specified procedure. There may be only one designated notice address under this Security Instrument at any one <br />time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated <br />herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this <br />Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice <br />required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will <br />satisfy the corresponding requirement under this Security Instrument. <br />15. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal <br />law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security <br />Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or <br />implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a <br />prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the <br />Note which can be given effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding <br />neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice <br />versa; and (c) the word "may" gives sole discretion without any obligation to take any action. <br />16. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 17, "Interest in the <br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests <br />transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which <br />is the transfer of title by Borrower at a future date to a purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural <br />person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may <br />require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be <br />exercised by Lender if such exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than 30 days from the date the notice is given in accordance with Section 14 within which Borrower <br />must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of <br />this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand <br />on Borrower. <br />NEBRASKA FHA DEED OF TRUST -MERS Published September 2014 <br />Page 6 of 8 <br />16256.CV (6/16) 1703341 <br />201704535 <br />GOTO(0078176d) <br />
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