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201i00383 <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 forfciture of the Property or pth�r material <br />impairment of Lender's interest in the Property or rights under thi� Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Lender's interest in the Froperty <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Sorrower Not Released; Forbearance Sy Lender Npt a Waiver. Extension of the time for <br />payment or modification o£ amortization of the sums secured by this Security Instrument �ranted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender sha11 not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />arnortization of the sums secured by this Security Instrument by reason of any dernand rnade by the original <br />Borrower or any Successors in Interest of I3orrower. Any forbearance by Lender in exercising any right or <br />remedy including, without ]zmitation, Lender's accepCance of payments from third persons, entities or <br />Succ�ssors in lnterest of Borrower or in amounts less than the amount then due, shall not be a waiver of pr <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 Borrower's obligation5 and liability shall be ioint and several. However, any Sorrower who <br />co-sians Chis Security Instrumant but does nat execute the Note (a "co-si�ner"): (a) is co-signing this <br />Security Instrument only to mortgage, grani and convey the co-si�ner's inrerest in the Property under the <br />terms of this Security Instrument; (b) is not personally pbligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accoznmodations with regard to the terms of this 5ecurity Instrument or the Note without the <br />co-signer' s consent. <br />Subject to the provisions of 5ection 18, any Successpr in Interest of' Borrower who assumes <br />Borrower' s obligations under this Security Inetrunnent in writing, a�id is approved by Lender, shall obtain <br />all of Borrower's rights and banefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unles5 Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />F3orrower's default, for the purpose of protectin� Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrurnent to charge a speci�c <br />fee to Borrower shall not be construed as a prohibition on the chargins of such fee. Lender may not charge <br />fees that are expressly prohibited by this Securiry Instrurnent or by Applicable Law. <br />If the Lnan is subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />that the interest or other laan 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 />char�e to the permitted limit; and (b) any sums already colleoted from Borrower wk�ich exceeded permitted <br />limits wil] be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct paynnent to Borrower. 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 i5 prvvided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waivsr of any right of action Bc>rrower 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 />must be in writing. Any notice Co Borrower in connection with this Security Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail ar when actually d�livered to &�rrower's <br />notice address if sent by other xneans. Notice to any one Borrower shall constituce notice to all Sorrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrpwer has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />nqtify Lender of Borz s change of address. If Lender specifies a procedure for reporting Bc�rrower' s <br />change of address, then Borrower shall only repprt a change of address through that specified procedure. <br />231043 <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUM�NT <br />�-6(NE► �oa�i� Page 10 oF 15 Init 5: Form 3028 1101 <br />� <br />