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201i00479 <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 af the Property ar ather material <br />irnpairment of Lender's interest in the Property or rights under this Security InstrumenC. The proceeds of <br />any award or claim for darnages that are attributable to the impairment of Lender's interest in the Property <br />are h�reby assigned and shall be paid to I..ender. <br />All Miscellaneaus Proceeds that are not applied to restoratian or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />�2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modificatian of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in InteresC of Borrower shall not operate to release the liability of Barrower <br />or any Successors in Inter�st of Borrower. Lender shall not be required to commence proccedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payrnent or otherwise modify <br />amortization of the surns secured by this Security Instnunent by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by L.ender in exercising any right or <br />remedy including, without limitation, Lender's acceptance af paytxtents from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount 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 Bound. Borrawer cavenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, aziy Borrower who <br />co-signs this Security Instnunent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Inst�nzment ozily to mortgage, grant and convey the co-signer's interest in khe Property under the <br />tem�s of this Security Instrurnent; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that I.,endet' and any other Borrawer can agree to extend, rnodify, forbear or <br />make any accoYx�modations with regazd to the terms of this Security Instn�ment or the Note without the <br />co-signer's consent. <br />Subject to the pmvisions of Section 18, any Successor in lntex�st of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by I.ender, shall obtain <br />all pf Barrower's rights and benefits under this Security Instrument. Borrower shall nat be released from <br />Barrower's obligations and liability under this Security Instrurnent unless Lender agr�es to such release in. <br />writing. The covenants and agreernents of this Security Instrument shall bind (except as provided in <br />Section 2Q) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender rnay charge Borrower fees for services performed in connection with <br />Borrower's default, fnr the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attomeys' fe�s, property inspection and valuation fees. <br />In regard to any other fees, the absence of express autharity in this Security Instrurnent to charge a specific <br />fee to Barrower shall not be construed as a prohibition on the charging of such fee. Lender rnay not charge <br />fees that aze expressly prohibited by this Security Instrurnent 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 the interest or other loan charges collected or to be collecte� in connection with the Loan exceed the <br />permitted limits, then: (a) any such laan charge shall be reduced by the amount necessary to reduce the <br />charge to the pernutted limit; and (b) any sums already collected frorn Borrower which exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to znake this refund by reducing the principal <br />. owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepaynnent withaut any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund 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 />15. Notices. All notices given by Barrower or T.ender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instnunent shall be deerned to <br />have been given to Barrawer when mailed by �rst class mail or when actually delivered ta Borrower's <br />notice address if sent by other means. Notice to any one Borrow�r shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a subsCitute notice address by notice to I.ender. Borrower shall promptly <br />� notify Lender af Borrower's change of address. If Lender speci�es a procedure for reporting Borrower's <br />change of address, then Borrower shall only report a change af address through that speci�ed procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-B�NE) lost �1 Page 10 of 15 i�iciais:� Form 3028 7/01 <br />� <br />