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201�09795 <br />accelaration has nccurred, reinstate as provided in Section 19, by causing the action or proceedin�; to be <br />dismissed with a ruling that, in Lender' s judgxnent, precludes forfeiture of th� Property or other material <br />iznpairment of Lender' s interest in the Froperty ar rights under this Security Instrument. The proceeds of <br />any award or claim for damages 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 Proceeds that are not applied to restoration or repair of tk►e Prpperty shall be <br />applied in the order provided for in Section Z. <br />12. Borrawer Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of tkie sums secured by this Security InstrumenC granted by Lender <br />to Borrower or any Succ�ssar in Interest 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 proceedings against <br />any 5uccessor in Tnterest of Bnrrower or to refuse to extend tirne for payment or otherwise rnodify <br />amortization of the sums secured by this Security InstrumenC by reason of any demand made by the original <br />Borrower or arry Successors in Interest of Borrower. Any fqrbearance by Lender in ex�rcising any right or <br />remedy including, without limitation, Lender' s acceptance of payrnents from third persons, entities or <br />Successors in Interest of 'Borrower or in ampunts 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 Sound. Borrower covenants <br />and agrees that Borrawer's obligations And liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Npte (a "co-signer"): (a) is co-signing this <br />Security Instrument only to xnortgage, �rant and convey the co-signer' s interest in the Property under the <br />terms of thia Security Instrument; (b) is not perscmally obli�ated to pay th� sums secured by this Security <br />Instrument; and (c} agrees that Lender and any other IIorrawer can a�ree 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 s consent. <br />5ubject to the provisians of' Section 18, any Successor in Interest of Borrower who assumes <br />�orrower' � obli�ations under this Security Instrum�nt in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and bene�ts under this Security Instrurnent. Borrower shall not be released from <br />Borrower's obligationa and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrumeiat shall bind (except as provided in <br />Section 20) and benefit. the successors and assi�ns of Lender. <br />14. Loan Charges. Lender 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 Instrument, including, but not limited to, attorneys' fees, property inspection and valuation �'ees. <br />In r�gard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fe� ta 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 Instruznent or by Applicable Law. <br />If the Loan is subject ta a law which sets maximum 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 Loan exceed the <br />perrnitted limits, then: (a) any such loaza charge sha11 be reduced by the amaunt necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded perrnitted <br />limits will be refunded to Borrower. Lender may choose ta make this refund by reducing the principal <br />owed under the Note or by making a direct payrnent to Borrower. If a refund reduces principal, the <br />reduotion will be treated as a partial prepayment without any prepayznent charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower' s acceptance of any such refund rnade by <br />direct payment to Borrower 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 />rnust b� in writing. Any notice to �orrower in cpnn�ction with this Security Instrument shall be deemed to <br />have been 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 one Borrower shall constitute notice to al] Borrowers <br />unless Applicable Law expressly requires atherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Sorrower shall promptly <br />❑otify Lender of Borrower' s change of address. If Lender speci�es a procedure for reporting Borrower' s <br />change of address, then Barrower shall only report a change af address tlu that specified prpcedure. <br />23J.020 <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) (oa� �) Page 10 of 15 in�t�ais Form 3028 1/01 <br />� / �/ <br />� `'� �. <br />