201009774 - Laserfiche WebLink

Browse

x� .� � 201009774. Unless Lender and Borrower otherwise agree in writing, any application of proceeds ta principal shall not extend or postpone the due date of the payments Payment of Principal and Interest; Late Charges asad Funds for Taxes and Insurance or change the amount of such payments. Borrower Not Released; Forbe$rance By Lender Not a Waiver. Extension of the time for payment or modificatian of amortization of the sums secured by this Security Instrument granted by L.ender to any successor in interest of Borrower shall not operate to release the liability o£ the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time fvr payment or otherwise rnodi£y amortization of the sums secured by this Security Instaruznent by reason of any demand made by the original Borrawer or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenants and agreements of this Security Instrutnent shall bind and benefit the successors and assigns of Lender and Bonower, subject to the provisions of section titled Transfer of the Property or a Bene�i ci$I Interest in Borrower. Barrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument but does not execute the Note ("Accommodation Signer"): (a) is co-signing this Security Instrument only to mo�tgage, grant and convey that Accom�modation Signer's interest in the Property under the terms of the Security Instrument; (b) is not personally abligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instruznent or the Note without that Accommodation Signer's consent. Loan Charges. If the loan secured by this Sacurity Instrument is subject to a law which sets ma�cimtun loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits and (b) any suras already collected from B�rrower which exceeded permitted linnits will be refunded to Borrower. Lender may chaose to make this refund by reducing the principal owed under the Note or by making a direct payannent to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by �rst class mail unless Applicable Law requires use of another methad. The notice shall be directed to the Property Address ar any other address Borrower designates by notice to Lender. Any notice to I.ender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrurnent shall be governed by federal law and the laws of the state of Nebraska. In the event that any provision or clause of this Secunity Instn►ment or the Nate conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrurnent or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy o£this Security Instrument. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) unless the Note shows that Bonower's loan is assumable, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if �xercise is prohibited by federal law as of the date af this Security Instruznent. If the Note shows that Borrower's laan is assumable, Borrawer must obtain Lender's written permission for an assumption and follow any other requirements of Lender related to an assumption. If Borrower does not do so, Lender may require unmediate payznent in full of all sums secured by this Security Instxument. Tf Lender exercises this option, Lender shall give Borrower notice of acceleration. Tha notice shall provide a period of not less than the minimum number of days established by Applicablc Law from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Securiry Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instxument without £tu'ther notice or deznand on Borrower. Borrower's Right to Reinstate. If $orrower meets certain conditi�ns, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other pariod as Applicable Law may specify for reinstatement) before sale o£ the Property pursuant to any power of sale contained in this 5ecurity Tnstrwnent; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleratian had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incu�'ed in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to asstu'e that the lien of this Security Instrument, Lender's rigkits in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchariged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. Hovvever, this right to reinstate shall nat apply in the case of acceleration under the section titled Transfer of the Property or a Sene�cial Interest in Borrower. 87 2004-2009 Compliance Systems, Inc. 002b-561 D- 2009.12368 Consumer Real Estdle - Security Instrument DL2036 Page 4 of6 www.complianeesystema.eom