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201100119
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1/5/2011 3:23:50 PM
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DEEDS
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201100119
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201i001i9 <br />Successor in Interest of Borrower shall not operatc ta release the liability of Borrower or any Successors in Interest <br />of Borrower. Lender shall not be required to cor►amence proceedings against any Successor in Interest of Borrower <br />or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security <br />Instrument by reason of any demand made by the original Barrower or any Successors in Interest of Borrower. Any <br />forbearance by Lender in exercising any right or remedy including, without limitation, �.ender's acceptance of <br />payments fronn third persons, entities or Successors in lnterest of Borrower or in amounts less than the amount then <br />due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees <br />that Borrawer's obligations and liability shall be joint and several. Hawever, any Borrower who co-signs this Security <br />Instrument but does nat exacute the Note (a "co-signer"): (a) is co-signing this S�curity Instrurnent only to mortgage, <br />grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not <br />personally abligated to pay the sums secured by this Security Instrument; and (c) agrees that L.ender and any other <br />Barrower caa agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security <br />Instrument or the Note without the co-signer's consent. <br />Subject ta the provisions af Section 18, any Successor in Interest of Borrowet who assumes Borrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights <br />and benefits under this 5ecurity Instrument. Borrower sha11 not ba released from Borrowet's obligations and liability <br />under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements af this <br />Security Instrument shall bind (except as provided in Section 2Q) and benefit the successors and assigns of Lender. <br />14. Loan Charges. L,ender may ck�arge Borrower fees for services performed in connection with Borrawer's <br />default, for the purpase of protecting Lender's interest in the Property and rights under this Security Instrument, <br />including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the <br />absence of express authority in this Security Instrurnent to charge a specific fee to Borrower shall not be construed <br />as a prohibition on the charging af such fee. Lender may not charge fees that are expressly prohibited by this Security <br />Instrument or by Applicable Law. <br />If the I,oan is subject to a law which sets rnaximum loan charges, and that law is finally interpreted so that the <br />iz�terest or other loati charges callected or to be coll�cted in connection with ihe Laan exceed the permitted limits, <br />then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; <br />and (b) any sums already collected from Borrower which exceeded pez�rnitted limits will be refunded to Barrower. <br />Lender may choase to make this refund by reducin� the principal owed under the Note or by making a dirECt payznent <br />to Borrower. If a refund reduces principal, the reduction will be treated as a partial pr�payment without any <br />prepayment charge (whether or not a prepayrnent charge is provided for under the Nate). Borrower's acceptance of <br />any such refund made by direct payment to Borrower will constitute a waiver of any right of action Boxrower rnight <br />have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to <br />Borrower when rnailed by first class mail or when actually delivered to Borrower's notice address if sent by other <br />means. Notice to any one $orrower shall constitute notice to all Borrowers unless Applicable Law expressly requires <br />atherwise. Tha notice address shall be the Property Address unless Borrower has designated a substitute notice <br />address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender <br />specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address <br />through that specified procedure. There may be only one designated notice address under this Security Instrument <br />at any one time. Any notice to Lender shall be given by delivering it or by mailing it by �rst class �xaail to I.ender's <br />address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection <br />with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. <br />If any notice required by this Security Instrurnent is also required under Applicable Law, the Applicable Law <br />requirement will satisfy the corresponding requirement under this Security Instruznent. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be gover.ned by <br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in <br />this Security Instrurnent are subject to any requirements and limitations of Applicable Law. Applicable Law rnight <br />explicitly or implicitly a11ow the parties to agree by contract or it might be silent, but such silence sha11 not be <br />construed as a prohibition against agteernent by contract. In the event that any provision or clause of this Security <br />Instrurnent or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security <br />Instrument or the Note which can be given effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the nnasculine gender shall mean and include corresponding <br />neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice <br />versa; and (c) the word "may" gives sole discretion withoat any obligation to take any action. <br />17. Borrower's Copy. Sorrower shall be given one copy of the Note and of this Security Instrurnent. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in <br />the Property" means any legal or bene�cial interest in the Property, including, but not limited to, those beneficial <br />interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent <br />of which is the fransfer of title by Borrower at a future date to a purchaser. <br />If a11 or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a <br />natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written conscnt, <br />Lender may require irnmediate payment in full of all sums secured by this Security Instrument. Hnwever, this option <br />shall not be exercised by Lender if such exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Barrower <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMa�i��rrmn�; aoo-sas•tssz <br />Form 3028 1/01 Page 7 vf 11 www.docmagic.com <br />Ne302R.doc.xml <br />
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