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201009112 <br />acceleration 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 Praperty or ather material <br />impairment of Lsnder's interest in the Property or rights under this Security Instrument. T'he proceeds of <br />any award or claim for damages that are attributable ta the impairment of L.ender's interest in the Property <br />are hereby assigned and shall be paid ta Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall bc <br />applied in the order provided for in S�ctian 2. <br />12. Borrower Not Released; �'arbearance By Lender Not a Waiver. �xtension of the time for <br />paym�nt or modification of amortization of the sums secured by this Se:curity Instrurnent granted by L.ender <br />to Borrower or any Successor in Inter�st af Barrawsr shall not operate to release the liability of Borrower <br />or any Successors in Tnterest af Barrvwcr. L�nd�r shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or ta arcfuse ta cxt�nd tim� far payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by ar�ason of any dernand rnade by the original <br />Borrower or any Successc�rs in Interest af Barrawer. Any farbsarance by I.,ender in exercising any right or <br />r�:medy including, without liinitation, Lender's acceptance ot' payments from third persons, entities or <br />Succ�ssors in Interest of T3orrower or in amounts less than the amount khen due, shall nol be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Se�veral Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower"s obligations and liability shall be joint and scveral. Hawever, any Borrower who <br />co-signs this Security Instrument but does not cxecute the Nate (a "co-signer"): (a) is co-signing this <br />S�c;uriCy Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terrns of this 3ecurity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrumenl; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />mak� any accammc�da[ions with regard to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the �rovisions of Section 18, any Succcssor in In[trest af Bartawer whe� asaumcs <br />Barrc�wer's obligatiuns under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Barraw�r's rights and benefits under this Security Instrument. Borrower shall not be released from <br />I3orrower's obligations and liability under this Security Instrument unless Lendcr agrees to such release in <br />writing. '1`he covenants and agreements of this Security Instrument shall bind (except as provided in <br />SecCinn 2Q) and b�n�fit the successors and assigns of Lender. <br />14. Loan Charges. I.ender may charge Borrawer fees far services p�rfarmed in connection wiCh <br />Borrow�r's d�fault, far the purpose af protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attomeys' fees, property in�spcclian and valuatian fees. <br />Tn regard to any other fees, rhe absence nf express authority in this Sr:curity Instrument ta charge a specific <br />fec: la Barrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Tnstrurnent or by Applicable Y.aw. <br />If the I.,oan is subject to a law which sets maximurn laan charges, a�►d 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 amount necessary to reduce tlxe <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded perrnitted <br />limits will be refunded lo Bonrc�wcr. I.ender may choose to make this refund by reducing the principal <br />owed und�r thc Nots ar by making a dircc[ payzn�nt to Borrower. If a r�Fund reduc�s principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direc;t payrnent tp Borrower will constitute a waiver of any right uf actiun F3ortower might hav� arising Uul <br />ofsuch overcharge. <br />15. Notices, All notices given by Borrower or Lender in connection with this Security Instrum�nt <br />must be in writing. Any notice to Borrawer in cannectian with this Security Instrurnent shall b� deemed lo <br />have been given to Borrower when mailed by first class mail ar wh�n actually d�livered lc� Borrower's <br />notice address if sent by other means. Notice to any ons Bprrower shall car�stitute nc�tie� tc� all Borrowers <br />unless Applicable Law expressly requires otherwise. 1'he notice address shall be the Property Address <br />un.less Borxower has designated a sut�stitute natice address by notice to L.ender. ]3orrower shall promptly <br />notify Lender of Borrower's change of address. If L.end�r spec;ifi�s a prUC�dure far reporiing Sorrower's <br />change of address, then Borrower shall only report a change of address thraugh that sper.ified procedure. <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT r <br />�-6(NE) iosi i� Paqn 10 af 16 i��t�eig: �1 Form 3028 9l09 <br />