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201i�0��� <br />acceleration has occurred, reinstate as provided in Section 1 9, by causing the action or proceeding ta be <br />disrnissed with a ruling that, in Lender's judgrnent, 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 damages that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to L.ender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Praperty shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payrnent or modification of arnortization of the sums secured by this Security Instrument granted by Lender <br />ta 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 shall not be required Co commence proceedings against <br />any Successar in Interest of Borrower or to refuse to extend tirne for payrnent or otherwise modify <br />amortization af the sums secured by this Security Instrument by reason of any demand rnade by the original <br />Boarrower ox any Successors in Interest of Bonower. Any forbearance by I.ender in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Bonower or in amounts less than the amount then due, shall not be a waivex of or <br />preclude the exercise of any right or rennedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrurnent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to rnortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is nat personally obligated to pay the surns secured by this Security <br />Ynstrument; and (c) agrees that Lender and any other Borrower can agree to extend, rnodify, forbear or <br />make any accommodations 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 Section 18, any Successor in Interest of Borrower who assurnes <br />Borrower's obligations under this Security Instrument in writing, and is approved by I.ender, shall obtain <br />all af Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as pravided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees far services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security rnstrument, including, but not limited ta, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this 5ecurity 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 charge <br />fees that are expressly prohibited by this Security Instrument 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 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 pez�mitted limit; and (b) any sums already callected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. L,�nder may choose to make this refund by reducing the principal <br />owed under the Nate or by making a direct payrnent to Boz�rower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayrnent charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Barrower will canstitute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borcow�r or L.ender in connection with this Security Instrument <br />rnust 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 oCher means. Notice to any one Borrower 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 substitute notice address by notice to L.ender. Borrower shall promptly <br />notify L.ender af Borrower's change af address. If Lender speci�es a procedure for reporting Borrawer's <br />change of address, th�n Borrower sha11 only report a change of address through that specifted procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-61NE1 los>>J Page 10 of 15 in�c�ais: T-�� Form 3028 1/09 <br />� <br />��� <br />