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201008523 <br />accelcration has occurred, reinstate 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 5ecurity Instrument. 1fie proceeds of <br />any award or clai�n for damages that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and sha11 be paad to Lender. <br />All Miscellaneous Proceeds that are nat applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrovver Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the suzns secured by this Security Instrument granted by I..�nder <br />to Borrower or auy Successor in Interest of Borrower shall not operate ta release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required ta comrnence proceedu�gs against <br />any Successor in Interest of Borrower or to refuse to extend time far payment or otherwise modify <br />amortization of che sums secnred by this 5ecurity Instrurnent by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without lirnitation, Lender's acceptance af payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amaunt then due, shall not be a waiver of or <br />preclade the exercise of any right or rernedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <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 "co-signer"): (a) is ca-signing this <br />Security Tnstrument anly 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 Lendcr and any other Borrower can agree to extend, modify, forbear 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 che provisions of Sectian 18, any Successor in Inter�st of Borrower who assurnes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Bonower's rights and benefits under this Security Instrument. Borrower shall noc be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreemencs of this 5ecurity Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of �nder. <br />14. Loan Charges. Lender may charge Barrower fees for services performed in connection with <br />Barrower's default, for the purpose of protecting I.ender's interest in the Property and rights wnder this <br />Security Instruiment, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, tt�e absence af express authority in this Security Instrument to charge a speci�ic <br />fee to Borrower shall not be conscrued as a prohibition on the charging of such fee. I.ender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Laan is subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />thac 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 />chazge to the permitted lirnit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing tk�e principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduccion w�rr �e treated as a partial prepaymenC without any prepayrnent 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 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 Borrower when xnailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Borrowers <br />unless Applicable I,aw expressly requires otherwise. The notice address shall be the Fxope�cy Address <br />unless Borrower has designated a substitutc natice address by notice to Lender. Borrower shall promptly <br />notify L,ender of Borrower's change of address. If Lender specifies 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 MaelFreddia Mac UNIFORM INSTRUMEIVT <br />�-B�NE) (0811) P9ge 1Q of 16 ininais. Form 3028 1/09 <br />� <br />, i $ i � � ��.r ` p � .,� x . <br />� <br />