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2U1009274 <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 Froperty or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrum.ent. The proceeds of <br />any award or clairn for darnages that are attributable to 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 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 />ar any Successors in Interest of Borrower, L.ender sha11 not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment ar otherwise modify <br />amortization of the surns secured by this Security Instrument by reason of any demand mad� 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, L.ender's acceptance of payments fram third persons, entities or <br />Successors 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 obligations and liability shall be joint and several. However, any Borrower wha <br />co-signs this Security Instrurnent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree ta extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Subject to the provisions of Section 1$, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all af Borrower's rights and benefits under this Security Tnstrument. Borrower shall not be released frorn <br />Borrower's obligations and liability under this Security Instrument unless L,ender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of I.ender. <br />14. Loan Charges. L.ender may charge Borrower fees for services performed in connection with <br />Borrower's default, For the purpose of protecting Lendcr's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a speci�c <br />fee to Borrower 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 Instrurnent or by Applicable Law. <br />If the I.aan is subject to a law which sets maximum loan charges, and that law is finally interpreted sa <br />that the interest or other loan charges collected or to be collected in cannectian 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 permitted limit; and (b) any sums already collected fram Barrower which exceeded permitted <br />limits will be refunded to Borrower. Lender rnay choose to make this 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 />reduction will be treated as a partial prepayment without any prepayment charge (whether ar nat a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Barrower rnight have arising out <br />of such overcharge. <br />15. Natices. All natices given by Barrower or Lender in connection with this Security Instrurnent <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 �rst class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address sha11 be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify L,ender of Borrower's change of address. If L.ender speci�es a pracedure for reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that speci�ed procedure. <br />NEBRASKA -$ingle Fsmily - Fannie M�e/Fraddie Mac UNIFORM INSTRUMENT <br />�-6�NE) losi i1 Page 10 af 15 in�t�eis: Form 3028 1/01 <br />1 f �.., S � j b� s .w t n <br />