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2011032�� <br />Successor in Interest of Borrower sha11 not operate to reiease the liability of Borrower or any Successors in Interest <br />of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower <br />or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this 5ecurity <br />Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any <br />forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of <br />payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then <br />due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Casigners; Snccessors and Assigns Bound. Borrower covenaats and agrees <br />that Bonower`s obligations and liability sha11 be joint and several. However, any Borrower who co-signs this Security <br />Instrument but does not execute the 1Vote (a "co-signer"): (a) is co-signing this Securiry Instrument only to mortgage, <br />grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not <br />personally obligated to pay the sums secwred by this 5ecurity Instrument; and (c) agrees that Lender and any other <br />Borrower can agree to extend, modify; forbear or make any accommodations with regazd to the terms of this Security <br />Instrument 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 Borrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights <br />and benefits under this Security Instrument. Borrower sha11 not be released from Borrower's obligations and liability <br />under this S�urity Instrument unless Iznder agrees to such release in writing. The covenants and agreements of this <br />Security Instrument sha11 bind (except as provided in Section 20) and benefit the successars and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Bonower's <br />default, for the purpose of protect'vng Lender's interest in the Property and rights under this Security Instrument, <br />including, but not limited to, attomeys' fees, property inspection and valuation f�s. In regard to any other fees, the <br />absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed <br />as a prohibition on the chazging of such fee. Lender may not chazge fees that are express2y prohibited by this Security <br />Instrument or by Applicable Law. <br />If the Loan is subje,ct to a law which sets maximum loan charges, and that law is finally interpreted so that the <br />interest or other loan charges coll�ted or to be collected in connection with the Loan exceed the permitted limits, <br />then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; <br />and (b) any sums already collected from Borrower which exceeded permitted lvtnits will be refunded to Bonower. <br />Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment <br />to Borrower. If a refund reduces principai, the reduction will be treated as a partial prepayment without any <br />prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of <br />any such refund made by direct payment to Bonower will constitute a waiver of any right of action Borrower might <br />have arising out of such overchazge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this 5ecurity Instrument sha11 be deemed to have been given to <br />Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other <br />means. Notice to any one Borrower sha11 constitute notice to all Borrowers unless Applicable Law expressly requires <br />otherwise. The notice address shail be the Property Address unless Borrower has designated a substitute notice <br />address by notice to Lender. Borrower sha11 promptly notify Lender of Borrower's change of address. If Lender <br />specifies a procedure for reporting Borrower's change of address, then Bortower sha11 only report a change of address <br />through that specified procedure. There may be only one designated notice address under this Security Instrument <br />at any one time. Any notice to Lender sha11 be given by delivering it or by mailing it by first class mail to Lender's <br />address stated herein unless Lender has designated another address by notice to Bonower. Any notice in connection <br />with this Security Instrument sha11 not be deemed to have been given to Lender until actually re.ceived by Lender. <br />If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law <br />requirement will satisfy the corresponding requirement under this Security Instrument. <br />16. Governing Law; Severability; Itules of Construction. This Security Instrument sha11 be govemed by <br />federallaw and the law of the jurisdiction in which the Properiy is located. All rights and obligations contained in <br />this Secvrity Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might <br />explicitly or implicitly a11ow the parties to agree by contract or it nnight be silent, but such silence sha11 not be <br />constzued as a prohibition against agreement by contract. In the event that any provision or clause of this Security <br />Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of tlus Security <br />Instnunent or the Note which can be given effect without the conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding <br />neuter words or words of the feminine gender; (b) words in the singular sha11 mean and include the plural and vice <br />versa; and (e) the word "may" gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security lnstrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in <br />the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial <br />interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent <br />of which is the transfer of title by Bonower at a future date to a purchaser. <br />If aIl or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a <br />naiural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, <br />Lender may require immediate payment in full of all sums s�ured by this Security Instrument. However, this optiott <br />shall not be exercised by Lender if such exercise is pzohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Bonower notice of acceleration. The notice shall provide a <br />period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Bonower <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMsglc <br />Form 3028 1/01 Page 7 of 11 www.docm <br />V <br />Ne3028.dot.�1 <br />