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201008854 <br />acceleration has occurred, reinstate as provided in Sectian 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Properiy ar ather material <br />impairment of Lender's interest in the Property or rights under chis Security Instrument. The proceeds of <br />any award ar clairn for damages that are attributable to the impairment of Lender's incerest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Prqceeds that are not applied to restoration or repair of the Propexty 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 time for <br />payrnent or modification of amortization of the sums secured by this Security Tnstrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors xn Interest of Borrower. Lender shatl not be reyuired to cornrnence proceedmgs against <br />any Successor in Interest of Borrower or to re�use to extend time for payment ar otlierwise rnodify <br />arnortization of the sums secured by this Security Instnunent by reason of any demand made by the ariginal <br />Borrower or any Successors in Interest of Borrower. Any forbeazance by Lender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, entities ar <br />Successors in Interest of Bonower 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 obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Tnstrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to n�ortgage, grant and convey the ca-signer's interest in the Property under the <br />terms of this Security Instnunent; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that I.Qnder and any other Borrower can agree ta �xtend, modify, forbear or <br />rnake any accomrnodations with regard to the terms of this Security Instzunnent or the Note withaut the <br />co-signer's cansent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrawer who assumes <br />Borrower's abligatians under this Security Instrurnent 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 />Borrower's obligations and liability under this Security Instrument unless Lender agrees ta such release in <br />writing. The COVCIIi1ritS and agreements pf this Security Instrurnent shall bind (except as provided in <br />Section 20) and benefit the snccessors and assigns of Lender. <br />14. Loan Charges. Lender rnay charge Borrower fees for services perfonned in connection with <br />Barrowsr's default, for the purpose of protecting Lender's interest in the Property and rights wnder this <br />Security Instrument, including, but not limited to, attarneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrurnent to charge a speci�c <br />fee to Borrower sha11 not be construed as a prohibition on the charging af such fee. Lender rnay not chazge <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 th� <br />chazge to the permicted limiC; and (b) any sums already collected fram Barrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Nat� 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 prepayrnent charge (whether or not a <br />prepayrnent charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payrnent to Borrower will constitute a waiver of any right of action Boarrower 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 �nstrument shall be deemed to <br />have been given ta Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Borrower sha11 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 natice address by natice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedurc for reporting Borrower's <br />change af address, then Borrower shall only report a change of address through that spaci�ed procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-��NE) (D8111 Page 10 of 15 ini<iais: Form 3028 �/�� <br />r � n � � <br />�. f , <br />