201103885 - Laserfiche WebLink

Browse

�01103885 dismissed with a ruling that, in Lender' s judgment, precludes forfeiture of the Prope�ty or othar material impai�ient of Lender's i�erest in the Property or rights under this S�urity Instcvment. The procceds of any award or claim far damages that are attdbutable to the i�airment of Lender' s interest in the PropertY are hereby assigned and ahall be paid to Lender. All 1�vliscellan�us Proceeds that are not applieci to restoration or repair of tbe Property sball 1� applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amorti�tion of the sums secured by this Security Insh�ument granted by Lender to Borrower or any Successor in Inter�t of Borrower shall not ogerate to release the liability of Banowet or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Inte�est of Borrower or to refuse to eartend time for payment or otherwise modifY amortization of the sums secured by this S�mty Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any farbearance by Lende� in exercising any right or remedy including, without limitation, Lender' s acxeptance of payments fram third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not he a waiver of or pr�lude the exercise of any right or remai.y. 13. Joint and 5everal L�iability; Co-signers; 5nccessors and A.ss�tgns Bound. Borrower covenants and agrees that Boaower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not ��ute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the c;o-signer' s interest in tbe Properly under the terms of this Sec��rity Instrument; (b) is not personally obligatefl to pay the sums se�ured by th�s Se�uity Instrument; and (c) agrees that Lender and any other Bonower c�n agrea to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-sigaer, s c;onsent. Subject to the provisions of Se�tion 18, any Successor in Intex'est of Borrower who assumes Bonower' s obligations under this Se�urity Inst�ment in writing, and is approved by Lender, shall obtain all of Borrower' s rights and benefits under this Se�urity Inslrumen� Boaower shall not be rele�sed fmm Borrowec's obligations and. liability under this Security Instrument unless Lender agrees to such release in writing. The covenents and agreements of this Security instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fces for services performecl in conne�tion with Boaower' s default, for the purpose of protecting Lender' s interest in the Property and rights undar this Security Inslmm�ent, including, but not limitefl to, attomeys' fees, proPerh' inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrutnent to chazge a specific fee to Borrower sha11 not be consttued as a prohibition on the charging of such f�. Lender may n�t charge fces that are expressly prolubital. by this Security Instrument or by Applic�ble Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so tbat the interest or other loan charges collect� ar to be collected in connection with the Loan e�ccee� the permitted limits, then: (a) any such loan chazge shall be reduce� by the amount ner,essary to reduc� the charge to the pernaitted limit; and (b) any sums alr�dy collecterl from Bonower which excceded pe�itted limits will ba refimded to Borrower. Lender may choose to make this refund by reducing tha princiPal owed under the Note ar by making a direct payment to Bonower. If a refimd reduces principal, the reducrion will be tr� as a partial prepaym�t without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Bonower' s acceptance of any such refimd made by direct payment to Bonower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Nol3cea. All notices given by Borrower or Lender in connaction with this Secarity Instrument must be in writing. Any notice to Borrower in connection with this Security Tnstrument shall be deeme� to have been given to Borrower when maileri by first class mail or when actually delivered to Borrowe�'s notice address if sent by other means. Notice to any one Bonower shall constitute notice to all Bortowers unle,ss 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. Borrower shall promptly notify Lender of Bonower' s change of addre.ss. If Lender specifies a pracedure for reporting Borrower' s change of address, then Bonower shall only report a change of address through that spei;ified proc�ure- 2200132068 D v6�x� NEBRASKA - Single Family - Fannle Mae/Freddle Mac UNIFORM INSTRUMENT WIT ERS ��A(NE� �oa�o� Pege 10 of 16 i„�� Form 3028 1/01 �