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201100234 <br />acceleration has occurred, 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 other materia1 <br />unpairment of :Lender's interest in the Froperty or right5 under this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the unpairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Misccllaneous Proceeds that are not applied to restoration pr repair of the Property shall be <br />applied in the order provided for in Sectian 2. <br />12. Borrower Not Released; Forbearance Sy Lender Not a Waiver. Extensinn of the tune for <br />payment or modificativn af� arnortization of the sums secured by this Security Instxument granted by I.ender <br />to Boz or any 5uccessor in Interest of Borrower shall not operate ta release the liability of Eorrower <br />or any Successors in Interest of Horrower. Lender shall not be required to commence proceedmgs against <br />any Successor in Interest of F3orrower or to refuse to extend tizne for payment or otherwise modify <br />amortization of the sums secured by this Securiry Instrument by reason of any dem.and made by the original <br />Borrower or any Successors in Interest of Borrower. Any farbearance by Lender in exercising any right or <br />remedy including, without lunitation, Lender' s acceptance of payments from third persons, entities or <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 Bannd. Borrower covenants <br />and agrees that Borrower's obligations and liability shal] be _joint and several. However, any Borrower who <br />co-5igns this Security lnstrument but does not execute the Note (a "co-signer"): (a) is ca-signing this <br />Security Instrunnent only to mortgage, grant and convey the co-signer's interesC in the Property uander the <br />terms of this Security Instxument; (b) is not personally obligated to pay the sums secured by this Security <br />InstrumenC; and (c) agrees that Lender and any other Borrower can agree to extend, mpdify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer' s consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Boza obligations under this Security Instnunent in writing, and is approved by Lender, shall obtain <br />all of $orrower's rights and benefits under this Security Instrument. Borrawer shall not be released from <br />Borrower' s obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writin�. Th� covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and bene�t the successors and assigns of Lender, <br />1.4. 'Lvan Charges. Lender may charge Barrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lander's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, properiy inspection 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 fae. Lender may not char�e <br />fees that are expressly prohibited by this Security Instruxnent or by Applicable Law, <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />that th� interest or other loan charges collected or to be collected in con.nection with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amaunt necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected frorn Borrower which exceeded permitted <br />limits will be refunded to Bo� Lender may choose to make this refund by reducing the principal <br />owed und�r the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayznent without any prepayment charge (whether or not a <br />prepayment char�e is provided for under the Note). Borrower' s acceptance of any such refund made by <br />direct payment to Eorrower will canstitute a waiver of any right af action Borrower might have arising out <br />of such avercharge. <br />1S. Notices. All notices 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 �nstsument shall be deemed to <br />have been given to Bar► when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any pne Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otharwis�. The notice address shall be the Froperty Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower' s change of address. If Lender spacifies a procedure for reporting Borrower' s <br />change of address, then Bozrower shall only report a chan�e of address through that speci£ied procedure. <br />231041 <br />NEBRASKA - Single �amily - Fannie M ae/Freddie M ac UNIFOf2M INSTRUM ENT <br />�-B(NE) (0811J Page 10 oF 15 in�tiais: �� Form 3028 1101 <br />m <br />