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201�0305� <br />acceleration has occurred, reinstate as provided in Se,ction 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 Instrument. The proceeds of <br />any award or claim for dama.ges that are 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 thax are not applied to restoration or regair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Bonower 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 Securiry Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedmgs against <br />any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Securiry Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by I.ender in exercising any right or <br />remedy including, without limitarion, Lender's acceptance of payments from third persons, enriries or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />pre,clude the exercise of any right or remedy. <br />13. Ju�nt aud Several �.iability; Co-si�nners; Successors and Assigas Bound. Borrower covenants <br />anc� agrees that Borrower's obligations an� Iiability s,hall be joint and severat. However, any Borrower who <br />ca-signs this S�curity Instrument but does not execute the Note (a "eo-signer"): (a) is co-signing this <br />Security 1n�m�rr,�„t onty to mortgage, grant and convey the co-sigrter's interest in the Property uIIder the <br />terms of this S�urity Instrument; (b) is not personally obligated to pay the sun�s se,curec� by this Security <br />Instrument; and (e) agrees that Lenc� and any other Borrower can agree tc� e�tend, mocfiify, forbe,�:r or <br />make any accommodatiens with regazd to the terms of tius Security �tnament or the Note wwithQUt the <br />co-signer's consent. <br />SubJect to the provisions of Sectivn I8, any Successor in Interest of Borrawer who assuanes <br />Borrower's obligations uncter this Security Instrument in writing, and is agproved by I.ender, shal� ohta� <br />all of Borrower's rights anc� benefits under this S�urity Instniment. Borrvwer shall not be release� from <br />Borrower's abtigations and� Iiabitity under this 5ecurity Instnunent unless i.ender agrees to such rele�se in <br />writing. The covenanLs an� agre,einents of this �urity 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 T.ender's interest in the Property and rights under ttus <br />Security Instrurnent, including, but not Iimitect to, attorneys' fees, property inspection �d valuation f�s. <br />In regard to any other fees, the absettce of express �uthority in this Security Instrument to charge a specific <br />fe,e to Borrower shaU not be cronstruect as a prohibition on the chazging of such f�. Lender may not charge <br />fees that are expressly prolaibited 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 Ioan charges colle,cted or to be collected in connection with the Loan exc,e�i the <br />permitted limits, then: (a) any such loan charge sha11 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 permitted <br />Iimits 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 dir�t gayment 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 provided for under the Note). Bonower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of acrion Bortower might ha.ve arising out <br />of such overchazge. <br />15. Notices. All notices given by Bonower or Lender in connection with this Security Instrument <br />must be in writing. Any notice to Bonower in connection with this Security Instavment sha11 be deemed to <br />have been given to Bonower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Bonower shall constitute notice to a11 Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute norice 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 shall only report a change of address through that specified procedure. <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) (0811) Page 10 of 15 i�n�ais: Form 3028 1/07 <br />� <br />� �� <br />I <br />� <br />