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2010084i� <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />disrnissed with a ruling that, in Lender' s judgment, precludes farfeiture of the Property or other rnaterial <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any awaxd 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 ta Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided far in Section 2. <br />12. Sorrower Not Released; Forbe�rance Sy Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Barrower ar any Successor in Interest of Borrower shall nat aperate to release the liability of Borrower <br />or any Successors in lnterest 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 made by the original <br />Borrpwer or any Successors in Interest of �orrvwer. Any forbearance by Lender in exercisin� any ri�ht or <br />remedy including, without limitation, Lender's acceptance of payments fram 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. Borrower cavenants <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 "cn-signer"): (a) is co-signing this <br />Security lnstrument only to martgage, 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 />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accarnrnodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer' s consent. <br />Subjact to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower' s obligations under this Security Instrurnent in wricing, and is approved by I.,ender, shall obtain <br />all of Borrower' s rights and benefits under this Security Instrument. Borrower shall not be releasad from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreernents of this 5ecurity Instrument shall bind (except as provided in <br />5ectian 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender rnay charge Borrower fees for services performed in connection with <br />Borrower' s default, for the purpose of protecting Lender' s interest in the Property and rights under this <br />Sacurity Instrument, including, but not limited 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 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 finally interpreted so <br />that the interest or other loan charges collected or to be collected in connectian 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 collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to xnake 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 prepayment without any prepayment charge (whether or not a <br />prepayznent 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 Instrument <br />must be in writing. Any notice to Sorrower in connection with this Security Instrument shall be deezned to <br />have been given to Borrawer when mailed by first class mail or when actually delivered to Borrower' s <br />notice address if sent by ather rneans. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The natice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by natice 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 sha11 only report a change of address thraugh that specit"ied procedure. <br />23095$ <br />N�BRASKA - Single Family - Fannfe Mae/Freddie Mac UNIFpRM INSTRUMEN7 � <br />�-6�NE) �oat �� Page 10 af 1S �nitia�s: �� FOrm 3028 1/01 <br />� <br />