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2oii000�� <br />acceleration has occuzred, 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 Property or pther material <br />impairment of Lender's interest in the Yroperty or rights undsr this Security Instrument. '1'he praceeds of <br />any award ar claim for damagea that are attributable to the impairment of Lender's interest in the Property <br />are kiereby assigned and shall be paid to Lender. <br />A11 Miscellaneous Proceeds that are not applied to restoration or reparr of the Property shall be <br />a�plied in the order provided for in 5ection 2. <br />12. Borrower Not Released; Farbearance By Lender Not a Waiver. Extension of the tirne for <br />payment or modification 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 Co release the liability of Borrower <br />or any Successors in Interest. of Borrower. Lender shall not be required to cornrnence proceedings against <br />any Successor in lnterest of Borrower or to re£use Co extend time for payment or otherwise modify <br />amortization of the sums secured by this Security lnstrurnent by reason of any demand xnade by the original <br />Borrower or any Successars in Interest of �arrower. Any forbearance by Lender in exercising any right pr <br />remedy including, wzthout lirnitation, Lender' s acceptance of payments from third persons, entities or <br />Successors in Interest of Bprrower 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 Liabi�ity; Co-signers; Successors and Assigns Bound. Sorrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Bor► who <br />co-signs this Security Instrument but dt�es not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mort�;age, grant and convey the co-signer's interest in the Property under the <br />terms af this 5ecuriry Instrument; (b) is not personally pbligated to pay the sums secured by this Security <br />Instrument; and (c) agreev that Lender and any other Borrower can agree to extend, rnodify, forbear or <br />rnake any accommodations witli regard to the terms of this Secuz Instrument or the Note without the <br />co-signer' s cozasent. <br />Sub�ect to the provisions of 5ection 1 R, any Successor in Znterest of Borrower wha assumes <br />Borrower's obligations under this Security Instrurrient in writing, and is approved by Lender, ahall obtain <br />all of Borrower' s rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower' s obligations and liability under thi� Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this 5ecurity Znstrument shall bind (�xcept as provided in <br />Section Zp) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may char�e Borrower fees for services performed in connection with <br />Borrnwer's default, for tl�e purpase of pratecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspectian and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <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 prahibited by this Security Instrument or by Applicable Law. <br />lf the Loan is subject to 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 />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 from Borrower which exceeded pezmitted <br />limits wzll be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Nate or by making a direct payment to &�rrower. If a refund reduces 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 />direct payment to �orrower will constitute a waiver af any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notice5 given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Sorrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail pr when actually delivered to Borrower's <br />notice addresa if sent by other means. Notice to any one Borrower shall constitute notice to a11 Borrowers <br />unless Applicable Law expressly requires otherwise. Thc notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall prornptly <br />notify Lender of Borrower' s change of address. If Lender specifies a procedure fpr reporting Borrower' s <br />chan�e of address, then Borrower shall only report a change of address through that specified procedure. <br />231029 <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />�-6�NE� �oeii� Page 10 of 15 in�c�ais: ,� m� Form 3028 1/01 <br />� <br />