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�o�ou�4so <br />acceleration has occurred, reinstate as provided in Section 19, by causing th� actian or proceeding to be <br />dismissed with a ruling that, in Lender's judgrnent, precludes forfeiture of the Pmperty or other material <br />irnpairment of Lender's interest in the Property or rights under this Security Instrument. The procceds of <br />any award pr claim for darnages that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Nat Released; Forbearance By Lender Not a Waiver. Extension of the time far <br />payment or modification of amortization af the swns secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower <br />or any Successors m Interest of Borrovver. Lender shall not be required to comm�nce proceedmgs against <br />any Successor in Interest of Bcarrower or to refuse to extend tirne for payment or otherwise modify <br />amortization of the sums secuce� by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising a�ny right or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount th�n due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Casigners; Successors and Assigns Bound. Borrower covenants <br />and 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 Instrumemt only to mortgage, grant and convey the co-signer's interest in the Property under the <br />ter�ns of this Secunity Instrutnent; (b) is not personally obligated to pay the sums secuxai by this Security <br />Instn►ment; and (c) agrees that Lender and any other Borrower can agree to extend, madify, farbear or <br />make any accommodatians with regard to the tem►s of this Security Instrument or the Note without the <br />co-signer's consent. <br />�bject to the provisions of Section 18, any Successor in Interest of Bonawer who assumes <br />Bonower's obligations under this Security Instrurnent in writing, and is approved by L.ender, shall obtain <br />all of Borrower's rights and benefits under this Security Instniment. Barrower shall not be released from <br />Borrower's obligations and liability under this Security Instnunent unless I..ez�der agrees to such release in <br />writing. The covenants and agreements of this Security Instniment shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. L.ender may charge Borrawer fees for services performed in connection with <br />Borrower's default, for tt�e pwpose af prote�ting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of expresa authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender rnay not charge <br />f�es that are expressly prohibited by this Security Instnunent or by Applicable Law. <br />If the I,oan is subject to a law which sets maximum loan charges, and that law is finally interprete� so <br />that the interest or ather loan charges collected or to be collected in connection with the Loan exce�d the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to raiuce the <br />charge to the permitted limit; and @) any sums already collected fram Borrower which excseded permitted <br />lirnits will be refunded to Borrower. Lender may choose to malce this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayrnent without any prepaycnent charge (whether or not a <br />prepayment charg� is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment ta Barrower will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Bqrrower or L,�nder in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deerned ta <br />have been given to Bonower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Borrower shall canstitute notice to all Borrowers <br />unl�ss Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />NEBqASKA - Singls Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT ' � A <br />�-61NE) (os t t 1 Page 10 of 1& Initials: 1�� \ . r T . Form 3028 1/01 <br />•1l � �► _ 1� ���� <br />