201103387 - Laserfiche WebLink

Browse

20110338� acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Properiy are hereby assigned and sha11 be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Secrion 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Fxtension of the time for payment or modification of aznortization of the sums secured by this Security Instniment granted by Lender to Borrower or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any Successors in Interest of Bonower. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortizarion of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbeazance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Casigners; Snccessors and Assig�s Bound. Borrower covenants and agre,es tl�at Borrower's obligations an8 Ii�bility shall be joint and several. However, any Bonower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instnament only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Se�urity Instrument; (b) is not personally obligated to pay the sums secured by this 5ecurity Instn�ment; atid (c) �grces that L.ender aad aay other Borrower can agree to extend, modify, forbe,ar or maTce aBy ac�ad�tions v�rith rega� t� the terms of this Secuxity �enY or the Note withaut the co-signer, s eanse�. Subf� to t� grovisians of Se�ion IS, any Successor in Tnterest o� Borrower who assumes Borrower's o��ig�ic�.s u�er t�tis �ty �ent in writing, and is approved by Lender, shalt obtain a1I of Borrovver's rig�s anc� �efi�s ra�d�r tivs S�curity Instnimeat. Borrcr�rer shall not be reieasec� from �orro�a+er's o�s�igatioas aad �iability umdex �,s �rity I�stnunent valess fl.ender agrees to such release in writing. '�'he cro�res�cts a� agr�s of t1�is Secvrity Insmiment shall bind (except as pmvided in Section 20) amd beIIe�t ttce �sors and �gns of I.encter. 14. Lo�n Charges. Lenc�er may eharge Bonower fees for services performed in connection with Bormwer's defaul�, for t�ae gurp�ase of grotectin.g Lender's interest in the Property and rights under this SecuritY I�str,�� ic�cS�g i�ut x�ot lirxEit� to, attomeys' fees, ProPert�r insPection and valuation fees. In regard Eo an�r ��er fe�s, t�e a�ence Q€ expr�s authority in this Seeurity Instrament to charge a specific f� to Borro� sb� �ot S� c.ons� as � Frah��itian on the charging of such fee. �,ender may not chazge f�s that are e�pressly prohibited by this �ecurity Insmiment or by Applicable Law. If the Loan is suhject to a taw whieh sets maximum Ioan ch�rges, and that law is finally interpreted so that the interest or other Ioan charges collected or to be collected in coffiection with the Loan exceed the pQrmitted limits, then: (a) any such loan charge shall be reduced by the amount ne�essary to reduce the charge to the permitted limit; and (b) any sums already collected from Bcssrrower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make ttus refiffid by reducing the principal owed under the Note or by making a dir�t payment to Bonower. If a refiued reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Bonower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. 15. Notices. All notices given by Bonower or Lender in connection with this Security Instrument must be in writing. Any norice to Bonower in connection with this Security Instivment sha11 be deemed to have been given to Bonower when ma.iled by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Bonower sha11 promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Bonower's change of address, then Borrower shall only report a change of address through that specified procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMEWT �-6(NE) los� t) Page 70 of 15 initia�s: Form 3028 1/01 0 :, , � ; ,� � �