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1 <br />202110674 <br />provided in Section 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, <br />precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this <br />Security Instniment. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's <br />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 order <br />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 by <br />reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by <br />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 waiver <br />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 that <br />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 terns 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 can <br />agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security instrument or the <br />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 obligations <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits <br />under this Security instrument. Borrower shall not be released from Borrower's obligations and liability under this <br />Security instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security <br />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 default, <br />for the purpose of protecting Lender's interest in the Property and rights under this Security instrument, including, but not <br />limited to, attorneys' fees, property inspection and valuation fees. Lender may collect fees and charges authorized by the <br />Secretary. Lender may not charge fees 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 the interest <br />or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any <br />such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums <br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to <br />make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund <br />reduces principal, the reduction will be treated as a partial prepayment with no changes in the due date or in the monthly <br />payment amount unless the Note holder agrees in writing to those changes. Borrower's acceptance of any such refund <br />made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of <br />such overcharge. <br />14. Notices. All notices given by Borrower or Lender in connection with this Security lnstrurnent must be in writing. <br />Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower <br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to <br />any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice <br />address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. <br />Borrower shall promptly notify Lender of Borrower's change of address. if Lender specifies a procedure for reporting <br />Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. <br />There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender <br />FHA Nebraska Deed of Trust with MERS 1/2015 <br />IDS, Inc. - 59482 <br />IVERET,E1111 <br />Page 8 of 12 <br />Borrower(s) Initials `V"--- <br />