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2oiiooi�o <br />acceleration has occurred, reinstate as provided in 5ection 19, by causing the action or proceedin� to be <br />dismissed with a rulin� that, in Lender' s judgment, precludes forfeiture of the Property or other material <br />impairment of Lender' s interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim for daznages that are attributable to the impairment of Lender's interest in the Property <br />are herehy assi�ned and shall be paid to Lender. <br />A11 Misccllaneous I'roceeds that are not applied to restoration or repair of the Property sl�all be <br />applied in the order provided for in Section 2. <br />12. Borrawer Not Released; Forbearance By Lender Not a VVaiver. ExtenSion of the time for <br />payment or modificatirni of amortization of the sums 5ecured by this Security Instrument granted by Lender <br />to Borrovver or any Successor in Interest of Borrower sha11 not operate to release the liability of Bprrpwer <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in lnterest of Borrower or to refuse to extend time for payrnent or otherwise rnodify <br />amortization of the sums secured by tk�is Security Instrument by reason of any dernand made by the original <br />Borrower or any Succesaors in Interest of Borrower. Any forbearance by Lender in exercising any righi or <br />rernedy including, without limitation, Lender' s acceptance of' payments from third persons, entitiea ar <br />Successors in Interest of Borrower or in amounts less than the aznaunt 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 Sorrower's obligations and liabiIity shall be joint and several. However, any Borrower who <br />co-signs this 5ecurity inatrument but does not execute the Note (a "co-si�ner"): (a) is co-signing this <br />Security Instrument only to mortga�e, �rant and convey tlae co-signer' s interest in the Properry under the <br />terms of this Security Instrument; (b) is not personally oblinated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can a4tiree to extend, modify, f'orbea; or <br />rnake an�� accommodations witl� re�ard to the term� of tlai� S�curity Instrument or the Note without the <br />co-signer's cansent. <br />Subject to the provisinns of Section 18, any Successor in Interest pf Borrower who asaumes <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 undex this Security Instrument. Barrower shall not be released from <br />Borrower' s obligations and liability under this Security Instrurnent. unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section ZO) and bene�t the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Sarrower fe�s for services performed in connection with <br />Borrower' s default, for the purpose of protecting Lender' s intereat in the Prnperty and rights under this <br />Security instrument, including, but. not limited to, attnrneys' fees, property inspection and valuatinn fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Bprrpwer shall not be construed as a prohibition on the charging of such fee. Lender may not char�e <br />fees that are sxpressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximuzza 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; ar�d (b) any sums already collected from Borrower which excceded permitted <br />limits will be refunded to Borrower. Lender may chpase to make this refund by reducing the principal <br />owed under the Note ar by rnaking a direct payment to Borrower. If a rafund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (vvhether or not a <br />prepayment charge is provided for under the Note). Borrower' s acceptance of any such refiznd made 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 />1_5. Notices. All notices given by Borrower or Lender in connection with this Security Tnstrument <br />must be in writing. Any notice to Borrower in connection 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 all Borrowers <br />unless Applicable Law expressly requires otherwise. "�'he notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrpwer shall promptly <br />notify Lender of Borrower' s change af address. If Lender specifies a procedure for reporting Borrower' s <br />change of address, then Borrower shall only r�port a change of address through that specified procedure. <br />231031 <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�•s(��) (0811) Page 10 of 15 Inilials: �,� Form 3028 1/01 <br />m <br />