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��11�0�9� <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 othex material <br />impairment of Lender's interest in the Property or rights under this Security Instrurnent. The proceeds of <br />any award or claim far damages that are attributable to the impairment of Lender's interest in the Property <br />are hcreby assigned and shall be paid to Lender. <br />All Miscsllaneous 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. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrurnent granted by Lender <br />to Borrower or any 5uccessor in Interest of Borrower shall not operate to release the liability of Borrower <br />or any Successors in I�terest of Borrower. Lender shall not be required to cornrnence pxoceedings against <br />any Successor in Interest of Barrower or to refuse to 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 />Barrower or any Successors in Interest of Borrower. Any forbearance by I,ender in exercising any right ar <br />remedy including, without liziaitation, L,Qnder's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in arnounts less than the arnount 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. Borrower covenants <br />and agrees that Borrower's obligations and liabiliCy shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant azid convey the co-signer's interest in the Property under the <br />terms o� this Security Instrument; (b) is not personally obligated 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 aziy accommodations with regard to the terms of th,is Security Instrurnent or the Note withaut the <br />co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by L.ender, shall obtain <br />all of Borrower's rights and benefits under this Security Instrument. Borrawer shall not be released frorn <br />Borrower's obligations and liability under this Security Instrument unless L,ender agrees to such release in <br />writing. The cavenants and agreements of this Security Instrument shall bind (except as provided in <br />Sectian 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. L.ender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of proCecting 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 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 5ecurity Instrument or by Applicable Law. <br />If the L.oan 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 I.oan 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 permitted limit; and (b) any sums already collected fram Barrower which exceeded permitted <br />limits will 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 payment ta 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 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 Borrower or L,ender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security lnstrument shall be deerned to <br />have been given to Borrower when mailed by �rst class maal or when actually delivered to Borrower's <br />notice address if sent by other 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 Lezader. Borrower sha11 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 that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-g(NE) (0811) Page 10 of 15 Initials: <br />m <br />.--�-� � C� <br />Form 3028 1 / 9 <br />