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�� ���"�� o �� <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proc�eding to be <br />dismissed with a ruling that, in Lender' s judgment, precludes forfeiture of the Property or other material <br />impairment of Lender' s interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim fpr damagea 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 are not applied to restoration or repair of the Property sha11 be <br />applied in the order provided for in Section 2. <br />12. Sorrower Not Released; Forbearance Sy Lender Not a Waiver. Extension of the time for <br />payrnent ar madification of arnortization of the sums secured by this Security Instrument granted by Lender <br />ta Borrower or any Successor in Interest of Borrpwer sl�all not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand rnade by the ori�inal <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lendar' s acceptance o£ payments from third persons, entities or <br />Successors in Interest of $orrower or in amounts less than the amount then due, shall not be a waiver pf or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrnwer cavenants <br />and agrees that Sorrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute th� Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer' s interest in the Property under the <br />terms of this Security Instrurnent; (b) is not personally obligaCed to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer' s consent. <br />Suhject to the provisions of Section 18, any Successor in Intez'est of Bvrrower who assumes <br />Borrower's obligations under this Security Instrument in writin�, and is approved by Lender, shall obtain <br />all of Borrower' s ri�hts and benefits under this 5ecurity Instrument. Borrower shall not be released from <br />Borrower's obli�ation5 and liability under this Security Instrument unles� Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower' s default, for the purpose of protecting Lender' s interest in the Froperty and rights under this <br />Security Instrument, including, but not limited to, attorzaeys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charg� a speci�c <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender xnay not charge <br />fees that are expressly prohibited by this 5ecurity 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 <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already callected frpm Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Sorrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrower 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 Borrower or Lender in connection with this Security lnstrument <br />must be in writing. Any natice to Borrawer in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered tp Bprrower' s <br />notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address sha11 be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall prarnptly <br />notify Lender of Borrower' s change of address. If Lender speci�es a procedure for reporting Borrower' s <br />change of address, then Borrower shall only report a change of address tlu that specified procedure. <br />230925 <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) �oei i� Page 10 ot 15 in� Form 3028 1/01 <br />� <br />