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201101522 <br />disaussed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impaixment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that aze attributable to the impaiiment of Lender' s interest in the Properiy <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 amortization of the sums s�ured by this Security Insttvment grante�i by L�der <br />to Borrower or any Successor in Interest of Borrowet shall not operate to release the liability of Boirower <br />or any Successors in Interest of Borrower. I,ender 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 �ercising 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 5everal 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 Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the casigner' s interest in the Property under the <br />tern�s of this S�urity Instrument; (b) is not personally obligated to pay the sums secured by this Se�urity <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the tenns of this Security Inslrument 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 assumes <br />Borrower' s obligations under tlus Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower' s rights and benefits under this Security Instrument. Honower sha11 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 Instrvment 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 this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspe�tion and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to chazge a specific <br />fee to Borrower shall not be construed 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 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 exceeci the <br />permitted limits, then: (a) any such loan charge shall be re�uc�cl by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower which exceede� permitted <br />limits will be refunded to Borrower. Lender may choose to make ttus 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 prepayment without any prepayment charge (whether or not a <br />prepayment charge is provide�l 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 ar Lender in connection with this Se�urity Instrument <br />must be in writing. Any notice to Bortower in connection with this Security Instrument sha11 be deemed to <br />have been given to Borrower when maile� by first class mail or when actually delivered to Boirower's <br />notice address if sent by other means. Notice to any one Borrower shall constitute norice 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 Bonower shall only report a change of address through that specified procedure. <br />2200089266 n v6� <br />NEBRASKA - Singis Family - Fannle Mae/Freddle Mac UNIFORM INSTRUMENT WRH M. 1 <br />�-6A(Nq loatol Page 10 of 15 t�;a�g: �T Form 3028 1101 <br />0 <br />�' ' V <br />