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201Q48731 <br />acceleration has occurred, reinstake as provided in Section 19, by causing the action or proceeding tu be <br />dismissed with a ruling that, in L.ender's judgment, precludes forfeiture of th� Praperty ar other material <br />im�airment af I..�nder's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that ar� attributable ta the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Praceeds that are not applied to restoration or repair of the Property shall bc <br />applicd in th� �rder provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lcnder Nat a Waiver. Extension of the time f'or <br />payment or modificatian af amortization of the sums secured by this Security Instrumen[ granted by L.Gnder <br />to Borrower or any Successar in Interest of Borrower shall not operate to release the liability af Barraw�r <br />or any Successors in Interest of Barrower. Lender shall not be required to commcnc� prace�dings against <br />any Successc�r in Interest of Borrower or to refuse t� extend time for payment or otherwise modify <br />amortization of the sums secured by this S�curity Instrum�nt by reason of any demand made by the original <br />Barrawer or any Successors in Interest of Borrower. Any f��rbearance by I.,ender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third pc�rsons, �:ntities or <br />Successors in Interest af Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right ar remedy. <br />13. .�oint and Several Liability; Co-signers; Successors and A.SSigns Baun$. Borrower cpvenants <br />and agre�s that Borrower's obligations and liability shall be joint and several. However, any Borrowcr who <br />co-signs this Securiky Instrument but does not execute the Note (a "co-signer"'): (a) is co-signing this <br />Security Instrument only to mortgag�, grant and canvey the ca-signer's interest in the Property under the <br />terms af this Security Tnstrument; (b) is not persc�nally obligated t� pay th� sums secured by this Security <br />Instrument; and (c) a�rees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard t� tlxe terms af this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the pI"OV151pil5 of Section 18, any Successor in Interest of Borrower who assumes <br />Borrawer's obligations under this Security Instrument in writing, and is apprpved by I,ender, shall abta'rn <br />all of Borrower's rights and benefits under this Security Instrument. Borrowsr shall anat be ruleased fram <br />Borrower's ahligations and liability under this 5ecurity Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 2�) and benefik the successors and assigns of Lender. <br />14. Loan Charges. I,ender may charge Barrawer fe�.s fc�r scrvicc:s performed in connection with <br />Borrower's default, for thc purpas� Uf protscting Lender's interesk in the Property and rights under this <br />Security Ir�trum�nt, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In r�gard to any ottter fees, the absence of express authority in this Security Instrumcnt to chargc: a specific <br />fee to Borrower shall not be construed as a prohibition c�n the charging af such fee. Lender may not charge <br />fees that are expressly prohibited by this S�curi[y Instrunn�nt or by Applicable Law. <br />If the Loan is subject to a law which sets maximum lc�an charges, and that law is finally interpreted so <br />khal lhe interest pr other loan charges collected or to be collected in connection with the Loan exceed the <br />perrnitted limits, then: (a) any such loan charge shall be reduced by the amount neccssary ta reduce lhe <br />charge to the permitted limit; and (b) any sums already collected from Borrow�r which �xc�ed�d permitted <br />limits will be rcfunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the N��te 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 prepaymenl charge (wh�ther 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 Bc�rrawer will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Natic�s. All natices given by Borrower or L.ender in connection with this 5ecurity Instrument <br />must be in writing. Any notice Cq Bprrawer in cannection with this Security Instrument shall be deemed to <br />have been given tc� Borrower when mailed by first class mail or when actually delivered to Borrower's <br />natice addr�ss if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable T.aw expressly re�uires otherwis�:. Thc notice addr�ss shall be the Praperty Addre.ss <br />unless Borrower has designated a substitut� notic� addr�ss by naticc lp I.�nder. Bartpwer shall pramptly <br />zxotify L,ender of Borrower's change of address. Tf T.ender 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 Mae/Freddie Mac UNIFORM IN57RUMENT <br />�-6(NE) waiii Page 10 af 16 in�e�eiS: Fvrm 3028 1/01 <br />