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20�102��� <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 other material <br />impairment of Lender's interest in the Property or rights under this Security Instnunent. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Lender's interest in the Property <br />aze 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 secured by this Security Instrument 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 Instnunent by reason of any demand made by the original <br />Bonower or any Successors in Interest of Borrower. 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 Bonower or in amounts less than the amount then due, sha11 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 liability shall be joint and severkl. However, any Bonower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Insmiment 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 gersonally 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 any accommodations with regard to the terms af this Security Instrument or the Note without the <br />ca-signer's consent. <br />Subjeet to the provisions of Section I8, any Successor in Interest of Borrower who assumes <br />Barrower's obligati�s u�er this Security Instrument in writing, and is approved by Lender, shall obtain <br />atl of Borrower's rig�ts and benefits under this Security Instrument. Borrower shall not be released from <br />Barrower's obligations and liability under this Security I�tr�nt eustess Lesu#er agrees to such release in <br />writing. Tf� cavenaBts and agreements of this Security Instnunes�t st�ail bisd (excegt as provided in <br />Se�i� 2U} � benefit the s�sors and assigns of I.e�. <br />I4. T.oan C�arges. Lender �ay charge Bormwer fees for services perfar�ed in cam�ection with <br />�orrower's def�t, fc� the puxpose of protectirtg Le�er's irrterest in the Pr�erty a�d rights wzder this <br />Security Iristr�ne�, in�luc�ing, b�zt nat Iimit� to, attorneys' fces, property inspection and valuation fees. <br />In regard ta any cNher fee.s, the absence of express authority in this Security Instn2ment to charge a specific <br />fee to Barrower shatl not be constnied 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 permitted limit; and (b) any sums already collected from Borrower which exceeded pernutted <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 to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment chazge (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 overchazge. <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 Instnunent shall be deemed 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 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 Lender. Borrower 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 shall only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) 108111 Page 10 of 15 �nitials:�� Form 3028 1/07 <br />� <br />� <br />/ <br />