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201102495
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201102495
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Last modified
5/25/2011 8:52:57 AM
Creation date
4/1/2011 12:00:40 PM
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DEEDS
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201102495
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201102495 <br />Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Bonower, or if, after notice by Lender to Bonower that the Opposing <br />Parly (as defined in the next sentence) offers to make an awazd to settle a claim for damages, Bonower fails to <br />respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply <br />the Miscellaneous Proceeds either to restoration or repair of the Properiy or to the sums secured by this <br />Security Instrument, whether or not then due. "Opposing Party" means the third parly that owes Borrower <br />Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest <br />in the Property or rights under this Security Instrument. Bonower can cure such a default and, if acceleration <br />has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Properly or rights under this Security Instrument. The proceeds of any awazd or claim <br />for damages that are amibutable to the impairment of Lender's interest in the Property are hereby assigned and <br />shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in <br />the order provided for in Section 2. <br />l2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment <br />or modification of amortization of the sums secured by this Security Instrument granted by Lender to <br />Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Bonower or to refuse to e�ctend time for payment or otherwise modify amortization of <br />the sums secured by this Security Instrument by reason of any demand made by the original Bonower or any <br />Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, <br />without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of <br />Bonower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any <br />right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrees that Bonower'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 Security <br />Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this <br />Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and <br />(c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or make any <br />accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Bonower'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 Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Bonower fees for services performed in connection with <br />Bonower'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 inspection and valuation fees. In <br />regard to any other fees, the absence of express authority in this Security Instrument to chazge a specific fee to <br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that <br />aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets ma�cimum loan charges, and that law is finally interpreted so that <br />the interest or other loan chazges collected or to be collected in connection with the Loan exceed the permitted <br />limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the <br />permitted limit; and (b) any sums akeady collected from Bonower which exceeded permitted limits will be <br />refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note <br />or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment chazge (whether or not a prepayment charge is provided for under <br />NEBRASKA- Single Family - FannieMae/FreddieMac UNIFORM INSTRUMENT <br />Form 3028 1/01 �� �'� <br />Laser Fortns Inc. (800) 446 <br />LFI#FNMA3028 4/02 Page9 of13 Initials• <br />
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