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2oiio4o�� <br />acceleration has occurred, reinstate as provided in Section 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 da.mages 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 that are not applied to restoration or repair of the Properiy shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or mod�cation of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest oF Borrower shall not operate to release the liability of Borrower <br />or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this 5ecurity Instrument by reason of any demand made by the original <br />Borrower or any Successors in Interest of Borrower. .Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lender' s acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liabitity; Casigners; Successors and Assigns Bound. Borrower covanants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrunaent but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instavment only to mortgage, grant and convey the co-signer's interest in the Properly under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-signer's consent. <br />Snbject to tha provisiotts of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Tnstrument in writing, and is approved by Lender, shall obtain <br />all of Borrower'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 Lettder agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge 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. <br />In regard to any other fees, tiie absence of express authoriry in this Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that aze expressly prohibited 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 interast or other loan charges collected or to be collectad in connecrion with the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) a.ny sums already collected from Borrower which exceeded permitted <br />limits 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 direct payment to Borrower. If a refund rednces 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 undar the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Bonrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Bonower or Lender in connection with this Security Instiument <br />must be in writing. Any notice to Borrower in connection with this 5ecurity Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually delivared to Borrower's <br />notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address sha1l be the Property Address <br />unless Borrower has designated a substitute norice address by notice to Lender. Borrower shall promptly <br />notify Lender of Bozrower' 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 spec�ed procedure. <br />231108 <br />NEBRASKA - Single Family - Fannie M aelFreddie M ac UNIFORM INSTRUM ENT <br />�-F)�IVEj (0811) Page 10 of 15 in�ciais: � Form 3028 1/01 <br />� <br />