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2�ip08�59 <br />acceleration has occuned, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in T,ender'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 proc�eds of <br />any awaxd or claixn for damages that are aCtributable to the iznpairment of I,ender's interest 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 tirne for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Tnterest of Borrowex shall not operate to release the liability of Borrower <br />or any Successors in Interest of $orrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Borrower ar to refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Secuxity Instnunent 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 limitation, 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. Borrower 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 co-signing this <br />Security Instrument anly to mortgage, grant and convey the co-signer's interest in the Praperty under the <br />temis of this Security Instrument; (b) is not persanally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that I.ender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instnunent or the Note without the <br />ca-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Barrower who assumes <br />Borrower's obli�ations under this Security Instrument in wriCing, and is approved by Lender, shall obtain <br />a11 of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligarions and liability uzxder this SecuriCy Instnunent unless Lender agrees to such release in <br />writing. The covenants and agreements af this Security Instrument shall bind (except as provided 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, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not lirnited to, attornays' fees, property inspection and valuation fees. <br />In regard to any other fe.�s, th� absence of express authority in this Security Instrument to charge a specific <br />fee to Borrawer shall not be construed as a prohibition on the charging of such fee. L.ender may not charge <br />fees that are expressly prohibited by this Security Instrurnent or by Applicable Law. <br />If the Loan is subject to a law which sets maximum laan chazges, 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 limits, then: (a) any such loan charge shall be reduced by the arnount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from $orrower which exceeded pernutted <br />limits will be refunded to Borrower. Lender may choose to make Chis refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reductian will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Nate). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver af any right of action Barrawer might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Barrawer or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other nneans. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrawer's <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />NEBRA$KA - Single Family - Fannie Mae/Freddie Mac UNIFQRM INSTRUMENT <br />�^B�N�) (0811) Page 10 of 15 �nitials: Form 3028 1/�1 <br />� <br />• � j�• �� � F� w '� t� <br />