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201100835 <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Properiy or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that aze attributable to the impairment of Lender' s interest in the Property <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. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortizarion of the sums secured by this Security Insmxment granted 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 shall 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 />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 Bonower. Any forbearance by Lender 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 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. Bonower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />casigns this Security Instrument but does not e�ecute the Note (a "co-signer"): (a) is casiguing this <br />Security 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 obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbeaz 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 Bonower who assumes <br />Borrower' s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of 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 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 />Borrower' s default, for the purpose of protecting Lender' s interest in the Property and rights under tlus <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fces. <br />In regard to any other fees, the absence of express authority in ttus Security Instrument to charge a specific <br />fee to Borrower shall not be conshued as a prohibition on the charging of such fee. Lender may not chazge <br />fees that are expressly prolubited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets m�imum 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 1'vnits, then: (a) any such loan charge shall be reduce$ by the amount necessary to reduce the <br />charge to the pernaitted lixnit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to make 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 treateri 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 Bonower will consritute a waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower ar Lender in connection with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security Instrument shall be de,emed to <br />have been given to Borrower when mailed by first class mail or when actually delivered to Bonower' s <br />notice address if sent by other means. Notice to any one Borrower sha11 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 Lender. Bonower 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 sha11 only report a change of address through that specified proceriure. <br />2200105202 � D V6ANE <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM lNSTRUMFNT WRH <br />�-6A(Nq roaio� Page 10 of 15 i,,;�,i 3028 1/01 <br />0 <br />