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201008633 <br />dismissed vc+ith a ruling that, in Lender's judgmant, precludes forfeitur� of the Property ar other material <br />impaument of Lender's interest in the Paroperty or rights under this 5ecurity Instrumexnt. Tha proceeds of <br />any awazd or clairn for damages that are aitributable to the impairment of Lender's interest in the P�roperty <br />are hereby a�ssigned aaad 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. Bnrrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payrnent or modification of arnortization of the sums secured by this 5ecurity Inshrurnent granted by Lender <br />to Borrovver ar any 5uccessor in Interest of Horrower shall not operate ta release the liability of Borrower <br />or any Successors in Interest of Borrawer. Lender shall not be requir�d to camimence procee�ings against <br />any Successor in Interest of Horrower or to refu,se to extexad time for payment or otheavvise modify <br />amortization of ihe sums secured by thia Security Instrument by reason of any demand made by the original <br />Sorrower or any Successors in Interest of Horroweir. Any forbearance by Lender in exercising any right or <br />remedy including, without lirnitation, Lender' s acceptance of payments from third persons, ent�ities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall nat be a waiver of or <br />preclude tk�e exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successar� and Asffiigns Bound. Sorrower covenants <br />and agrees tUat Barrower' s obligations and liability shall be joint and several. However, any Borrower wh� <br />ca-signs this Security 7ns�ument but does not execute the Note (a "ca-signer"): (a) is co-signing this <br />Security Instrur�ent only to mortgage, grant and convey the co-signer's interest in the Property under the <br />tenns of this Security Insixuznent; (b) is not perscmally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender a�ad any other Borrower caxi agree to extend, rnodify, forbear or <br />make any accommodations 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 Seetion 18, any Successor in Interest of Sorrower who assurnes <br />Borrower' s obligations under this Se�urity 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 />Horrower's obligations and liability under this Security Instrurnent unless Lender agrees to such release in <br />writing. 'Ch.e covenants and agceements of this Se�urity Instrument shall bind (ex.cept as provide�i in <br />Section 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, far the purpose of protecting Ler►der' s interest in the Property and rights under this <br />Security instrument, including, but not lirnited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any aWer fees, the absence of express authority in this Security Instrument ta charge a spacific <br />fee to Sorrower shall not be constcued as a prohibition on the charging of such fe�. Lende�r ranay not charge <br />fees that are expressly prohibited by this Security Instru;ment ar by Applicable Law. <br />If the Loan is sub�ect to a law which sets maximum laan charges, aud that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Loan exc�i the <br />pennitted limits, then: (a) any such loan charge shall be reduc�i by the armount necessary to re$uce the <br />charge to the permitted lirnit; and (b) any sums already collected &orn BorroweT which exceeded perrnitted <br />lirnits will be refunded to Borrower. Lender may choose to rnake this refund by reducing the principal <br />owed under the Note or by rnaldng a direct payrnent to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment ck�arge (whetber or not a <br />prepayrnent charge is pravided for under the Note). Borrower' s acceptance of any such refund made by <br />dire�t paynient to Borrower will constitute a v�aiver of any right of acrion Borrower might have arising out <br />of such overcharge. <br />15. Not�ces. All notices given by Horrower or Lender in connec�ion with this Security Insknunent <br />znust be in writing. Any notice to Borrower in conncxtion with this Se�urity Instrutnent shall be de�med to <br />have been given to Borrower when mailed by first class mail or when aclvally deliveired to Borrower's <br />notice address if sent by ather means. Notice to any one Borrowcr shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designatad a subsritute notice address by notice to Leuder. Bo�ower shall promptly <br />notify Lender of Borrower' s change of address. If Lender specifies a procedure for reporting Borrower' s <br />change of address, then Borrower shall only report a change of address through that spe,cifie�i parocedure. <br />2200070924 D v6ANE <br />NEBRASKA - Singla Family -�annle Mae/Freddle Mac UNIFORM INSTRUMEN7 WIT 111��RS <br />�$A(Nq 108101 Pagq 10 of 15 Ini6els: /7� FARri 3028 7I01 <br />c� <br />