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201101020 <br />persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several l.iability; Co-signers; Successors and Assigns Bound. Borrower <br />covenants and agrees that Borrower's obligations and (iability shait be joint and severat. However, any <br />Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is <br />co-signing this Security tnstrument oNy to mortgage, grant and convey the co-signer's interest in the <br />Praperty under the terms of this Security Instrument; (b) is not persanally obligated #o pay the sums <br />secured by this Security Instrument; and (c} agrees that Lender and any other Borrower ean agree to <br />extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument <br />or the Note without the co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligatians under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Barrower's rights and benefits under this Security Instrument. Borrower shal{ not be released from <br />BoROwer'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 shatt bind (except as provided in <br />Section 20) and benefit the successors and assigns of l.ender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in conneciion with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security tnstrument, including, but not limited ta, attomeys' fees, property inspecticm and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a <br />specific fee #o Borrower shal! not be cnnstrued as a prohibition on the charging of such fee. Lender may <br />not charge 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 finafly <br />interpreted so that the interest or other loan charges collected or to be colfected in connection with #he <br />Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums atready cottected ftom Borrower <br />which exceeded permitted limits will I,�e refunded to Borrower. �ender may choose to make this refund by <br />reducing the princ+pal owed under the No#e ar by making a direct payment ta Borrower. !€ a refund <br />reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge <br />(whether or not a prepayment charge is provided tor under the Note). Borrower's acceptance of any such <br />refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might <br />have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must 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 />nofice address if sent by other means. Notice to any one Borrower shalt 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. Bflrrower shall promp�y <br />notifiy Lender of Borrower'§ change of address. tf Lender specifies a procedure for reportir�g Borrower's <br />change of address, then Borrower shaN only repat a change of address through that specified procedure. <br />There may be only one designated notice address under this Security Instrument at any one time. Any <br />notice to Lender shatl be given by delivering it or by maiting it by first ctass mail to Lender's address <br />stated herein unless Lender has designated another address by notice to Borrower. Any notice in <br />connection with this Security Instrument shall not be deemed to have been given to Lender until actually <br />received by Lender. If any notice required by this Security Instrument is also required under Applicable <br />Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security <br />Instrument. <br />16. Governing i.aw; Severability; Rules of Constructian. 7his Security Instrument shaH be <br />govemed by federal law and the law of the jurisdiction in which the Properly is located. All rights and <br />( <br />I <br />I ( <br />� 3 O b O 1 4 4 2 8 S� +k M C M D O T+► <br />NEBRASKA—Single Famiy-Fann� Nlae/Freddie NIaC UNIFORM INSTRUMENT Fonm 3028 7/Oi (page 10 of 14 peges) <br />Mortqagp Caderice, LLC � 3027 02/O6 <br />