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zoiooso43 <br />acceleration has occurred, reinscate as provided in Section 19, by causing the action or 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 clairn for damages that are attributable to the impairment of T_,ender's interest in the Praperty <br />are hereby assigned and sh�ll be paid to Lender. <br />All Miscellaneaus Praceeds that are not applied to restoration or repair of the T'roperty 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 modi�caCion of a�mortization af the sums secured by this Security Instrument granCed by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shatl nat be reyuired to cornrnence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time far payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrow�r or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or <br />remedy including, witl�out liux�itaCion, I.ender's acceptance of payments from third persons, entities or <br />Successors 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. Bonower covenants <br />and agrees that Borrower's obligatians 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 cowsigning 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 Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrurnent; and (c) agrees that L,�nder and any other Borrower can agree to extend, modify, farbear or <br />rnake any accornrnodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrawer who assumes <br />Borcower's obligations uuder this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and bene�ts under this Security Inscrument. Borrawer shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to snch releas� in <br />writing. 77ae covenants and agreements of this Security Instrurnent shall bind (except as provided in <br />Section 20) aud benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Barrawer's default, for the purpose of pratecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited ta, 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 Barrower shall not be construed as a prohibition on 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 fmally interpreted so <br />that the interest pr aWer loan charges collected or to be collected in connection with the I.,oan 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 lirnit; and (b) any sums already collected from Borrower which exceeded permitted <br />lirnits will be refunded ta Borrower. Lender may choose to rnake this refund by reducing the principal <br />owed under the Note or by �naki.ng a direcC payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment withouc any prepayment chazge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund mads by <br />direct payxnent to Bonower wi11 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 I.,ender in connection with this Security Instrurnent <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 shall canstitute natice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address sha11 be the Praperty Address <br />unless Borrower has designated a substitute natice address by notice to Lender. Borrower shall promptly <br />noCify Lender of Borrower's change of address. If L.ender speci�es a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-B�NE) lpsi i1 Paga 10 af 15 iniciais�� /� Form $028 1/01 <br />� <br />�?� � 9 ►�i��l.;��� � <br />