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�01007��3 <br />acceleration has occurred, reinstate as pravided in Section 19, by causing che action ar proceeding 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 for damages 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 Miscellan�ous Proceeds that are not applied to restoraCion or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment ar modification of amortization of the sums secured by this Security Instrument granted by I.ender <br />to Borrower or any 5uccessor in Interest of Borrower shall not operate to release the liability oP Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to cornmence proceedings against <br />any Successor in Interest af Borrower or to refuse to extend time for payment or otherwise rnodify <br />amortization of the sums secured 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 axzy right or <br />remedy including, without lirnitation, Lender's acceptance of payments from third persons, entities or <br />Successars in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver o F or <br />pxeclude the exearcise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />aand agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrum.ent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrurnent only to mortgage, grant and convey the co-signer's interest in the Froperty under ths <br />terms of this Security Instrument; (b) is not personally obligated 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 accommodaCions with regard to the terms af this Security Instrument or the Nate without the <br />co-signer's consent. <br />Subject to the provisians of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Sorrower's obligations and liability under this Security InstrumenC unless L.ender agrees to such release in <br />writing. The covenants and agreements of this 5ecurity Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of L.end�r, <br />14. Loan Charges. Lender rnay charge Barrower fees for services performed in cannection with <br />Borrower's default, for the purpose of protecting I,ender's interest in the Property and rights under this <br />Security Instruznent, including, but not lirnited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrunnent to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. I..ender may not charge <br />fees that are expressly prohibited by this SecuriCy Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is �nally interpreted so <br />that the interest ar other loan charges collected or to be collected in connection with the Loan exceed Che <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 surns already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. L,ender rnay choose to make Chis refund by reducing the principal <br />owed under the Note or by rnaking a direct payment to Borrower. If a refund reduces principal, the <br />reduction w�rr �e treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Nate). Borrower's acceptance af any such refund rnade 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 L,Qnder in connection with this Security Instrument <br />must be in writing. Any notice to Borrower 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 to Borrower's <br />notice address if sent by other means. Notice to any one Borrower sha11 canstitute notice to all Boz�rowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Praperty 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 af address, then Borrower shall only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />�-6(NE) (oett� Paee �o or �5 �n�t�a�s Form 3028 1/01 <br />