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zoiao9s�3 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action ar 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 Secuz�ty Instrument. The proceeds of <br />any award or claim far damages that are attributable to the impairment of L,Qnder's interest in the Property <br />are hereby assigned and shall be paid to I.ender, <br />All Miscellaneous Proceeds that are not applicd 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 Sy Lender Not a Waiver. Extension of the time for <br />payrnent or rnodification of amortization of the sums secured by this Security Instrument 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 in Interest of Borrower. L,ender shall not be required to commence proceedings against <br />any Successor in Tnter�st of Barrower or to refuse to extend time for payment or otherwise madify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any foxbearance by L.ender 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 amaunts less than the arnount then due, shall not be a waiver of or <br />preClude the �xercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Barrower covenants <br />and agrees that Borrawer's obligations and liability shall be joint and several. However, any Barrower who <br />co-signs this Security Inscrument 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 5ecurity Instrument; (b) is not personally obligated to pay the sums secured by this 5ecurity <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to 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 provisians of Section 18, 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 of Borrower's rights and benefits under this Security Instrunnent. �orrower shall not be released from <br />Barrower's obligations and liability under this Security Instrument unless Lender agrees ta such release in <br />writing. The covenants and agreexnents of this Security Tnstrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of L.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 Lender's interest in the Property and rights under this <br />Security Instrurnent, including, but not limited to, attorneys' fees, property inspectian and valuatinn fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to chaxge a specific <br />fee to Borrower shall not be construed as a prahibition on the charging of such fee. L,Qnder may not char$e <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the I.oan is subject to a law which sets ma.acirnurn loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the T,oan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the arnount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrawer 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 (�vhether or not a <br />prepaym�nt charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct paymenC to Borcower will constitute a waiver of any right of action Borrower 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 />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to <br />havc been given to Borrower when mailed by first class rnail or when actually delivered to Borrower's <br />notice addaress 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 shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change af address through that specified procedure. <br />NEBRASKA - Single Family - Fannie MaelFraddia MaC UNIFORM INSTRUMENT <br />�-B�NE) loettl psee io ot i5 in�t�eis F rm 3028 9/01 <br />