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2A1007921 <br />acceleration has occurred, reinstate as providcd in Section 19, by causing the action or praceeding to be <br />disrnisssd with a ruling that, in I.ender's judgment, precludes forfeiture of the Property or other material <br />impaimient of I,ender'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 inter�st 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 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 or modification of arnortization of the surns secured by this Seeurity Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not aperate to release the liability af Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to cornrnence proceedings against <br />any Successor in Interest of Sorrower or to refuse ta extend time for payrnent or otherwise modify <br />arnortization of the sums secured by this Security Instnunent by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by T.ender in exercising any right or <br />remedy including, without li�nitation, 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 of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Barrower covenants <br />and agre�es that Borrawer's obligations and liability shall be joint and several. However, any Bonrower who <br />co-signs this Security Instruxnent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrurnent only to rnortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Sccurity Instrument; (b) is not personally obligated to pay the sums se�ured by this Security <br />Instrument; and (c) agrees that Lender and any other B�rrower can agree ta extend, madify, forbeaz or <br />mak� any accommodatians with regard to the terms of this Security Instnunent or the Note without the <br />co-signer's consent. <br />Subject to the pravisians of Section 1$, any Successar in Interest of Borrower who assumes <br />Borrawer's obligations urAder this Secwrity Instrument in writing, and is approved by Lez�der, shall obtain <br />all of Borrower's rights and benefits under this Security Instn�ment. Borrower shall not be released frorn <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provid�d in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrawer fees for services performed in connection with <br />Borrower's default, for the purpose af protecting I.ender's interest in the Properiy and rights under this <br />Se�urity Instrument, including, but not limital to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibitian an the charging of such fee. Lender may not charge <br />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 <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted lirnits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted lirnit; and (b) any sums already collected from Bonpwer which exceed�i pernutted <br />limits will be refunded to &arrower. Lender may choose to make 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 prepayrnent charge (whether or not a <br />prepayment chazge is provid� for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrawer will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notiees. All notices given by Borrower or Lender in connection with this Security Instrument <br />rnust be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrawer when zxaailed by �rst class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrawers <br />unless 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 speci�es a procedure for reporting Barrower's <br />change of address, then Borrower shall ornly report a change of address tY►rough that specified procedure. <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-61NE) loeit) Pa9e �o ot ie inrt�ais,��%�O` � Form 302$ 7/09 <br />��, <br />���►l��u���� �� <br />