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�oiioo47� <br />acceleration has occurred, reinstate as provideci 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 material <br />impairment oi' Lender's intcrest in thc Property or rights under this Security Instrurnent. The proceeds of <br />any award or claim for darnages that are attributablc ro the impairment of �,ender's interest in the Property <br />are hereby assigned and shall be paid to Le��der. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of tl�e Property shall he <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance �3y I,ender Not a Waiver. Extension of the time for <br />paymenl or modiPication of amortization of thc sums secured by this Securily Instr�iment granted by Lender <br />to Borrower or aa�y Successor in interes� of Borrower shall not operate to release tlae liability of Borrower <br />oz' any Successors in Interest of Borrower. Lendcr shall not be required to con�mence proceedings against <br />any Successor in Interest of Borrower or to refuse ro extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising azry right ar <br />remedy including, without limitation, Lendcr's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waive�� of or <br />preclude the exercise of any ri�ht or remedy. <br />13. .Joint and Several Liability; Co-signers; Successors and Assigns Sound. Borrower coveziants <br />a��d agrees th Borrower' obli�ations and liability sliall be_joint and several. However, any Borrower who <br />co-signs this Security Instrument but dc�es not execute the Note (a "co-signer"): (a) is co-signing this <br />5ecurity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally oblig�ted to pay the sums secured by this Security <br />Instrument; and (c) agrccs that Lendcr and any other Borrower c�.�n agree to extend, modify, forbear or <br />make any accomrriodations with rcgard to the terms of this Security Instrument or the Note without tl�e <br />co-signer's coi�sent. <br />5ubject to the provisions of Section 18, any Successor in Interest of Borrower who assurnes <br />Borrower's obligations under this Security lnstrument. in writing, and is approvcd by Lender, shall obtain <br />all of Borrower's rights and benefits under this Security I��struaxaent. Borrc�wer shall not be released froi�i <br />Sorrower's oblig�.itions and liabilily under this Security Instrument unless Lender agrees to such relcasc in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and bene�t the successors and assigzls of I.,ender. <br />14. Laa�� Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's dcfault, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorzleys' fees, property inspection and valuation fees. <br />In regard to any other fees, tlte 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 cl�arge <br />fees that are expressly prohibited by this Security Instrimlent or Uy Applicable Law. <br />If the Loan is subject to a law which scts maximwn loan charges, and that law is finally interpreted so <br />that the interest or otl�er loan char�;es cc�llected or to be collected in connectio�� wifh the Loan exceed the <br />permitted limits, tlaen: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />chargc to the permittcd limit; and (b) any sums already collected frorn Borrower which exceeded perzxtitted <br />limits will bc refunded to Borrower. Lender may choose to make tktis refund by reducing the principal <br />owed under the (�1ote or by making a direct payment to Borrower. If a refund reduces principal, thc <br />reduction will be treated as a partial prepaymen� without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceplance of' any such refund made by <br />direct paynient to Borrower will constitute a waiver of ��ny right of action Borrowcr might have arising out <br />of such overchar�e. <br />15. Notices. All noticcs given by Borrower or Lender in connection with this Security lnstrument <br />must be in writing. Any noticc to Bc�rrower in conncction with this Security Insh shall bc dccmcd to <br />have been given to Borrower whei� mailed by first class mail or when actually deliver�d to Borrowcr's <br />noticc address if' sent by other means. Notice to any ni�e Borrower shall constitute notice to all �3orrowe��s <br />unless Applicable Law expressly requires otherwise. 'I'he notice address shall be the Property Address <br />unless Borrower has desig�iated a substitute nolice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change of address through thaf speciticd procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFQRM INSTRUMENT <br />� �ost �i Page 10 or i5 inn�nis: Form 3028 1l01 <br />� � �,. <br />� C <br />G'� <br />