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�oioos93� <br />acceleratian 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 />irnpairment of Lender's interest in the Fropeny or rights under this Security Instrurnent. The proceeds of <br />any award or claim for damages that are attributable to the iznpairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are naC applied to rescoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Bo�-rower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secur� by this Security Instnunent granted by I.ender <br />to Borrower or any Successor in InteresC of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence praceedings against <br />any Successor in Interest of Borrower or to refuse to extend tirne for payment or otherwise modify <br />arnoRization of the suzns secured by this Security Instrument by reason of any demand tnade by the original <br />Borrower or any Su�cessors 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 />Successors in Interest of Borrower or in amounts less than the a�xtount 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 atxd 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 />Sectxt�ty Instrument oaaly to mortgage, granc and convey tl'►e co-signer's interest in the Property under the <br />terms af this Security Instrun�ent; (b) is not personally obligated to pay the swms se�cured by this Security <br />Instrurnent; and (c) agrees that L.ender and any other Barrower can agree to extend, modify, forbear or <br />make any accommodatians witt� regard to the terr�s of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest af Borrower who assumes <br />Borrawer's obligations under tl�is Security Instrutxient in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits under this Security TnsCnunent. 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 covexaaxits and agreernents of this Security Instrurnent shall bind (except as pravided in <br />Section 20} and beneft the successors and assigns af Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's defatrlt, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, incIuding, but not limited to, attomeys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence af express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be constzv.ed as a prohibition on the charging of such fee. L.ender may not charge <br />fees that are expressly prohibited by this Security Instnunent or by Applicable Lavv. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally intezpreted so <br />that the inte�rest or other loan charges collected or ta be callected 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 />charge to the pernvtted linnit; and (b) any sums already collected fram Borrower which exceeded pernutted <br />lirnits will be refunded to Borrower. L,ender may choose to make this refund by reducing the principal <br />owed under the Note oar by making a direct payment to Borrawer. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment chaxge is provided for uz�der the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of actian Borrower might have arising out <br />of such overcharge. <br />�5. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrawer in connection with this Security Instrument shall be deemed to <br />have b�en given to 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 ane Borcower shall constitute natice to all Borrowers <br />ur►less Applicable Law expressly requires otherwise. The natice address shall be the Property Address <br />un.less Borrower has designated a substitute notice address by notice to Lender. $orrower shall promptly <br />notify Lender of Borrower's change of address. If Lender speci�es a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that speci�ed procedure. <br />NEBRASKA - Singte Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-61NE) loai �� Page 10 pf 15 i��c�ais: Form 3028 9/01 <br />� <br />fz � a1 y .{, . <br />1 �� <br />