201104271 - Laserfiche WebLink

Browse

201104271 or rights under this Security Instrument. Bonower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceedin� to be dismissed with a ruling that, in Lender's judgment, precludes forfeihue of the Properly or other material unpairment of Lender's interest m the Property or r�ghts under this Securit� Instrument. The proceeds of any award or claim for damages that aze attributable to the impairment of I.ender's mterest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair ofthe Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; For6earance By Lender Not a Waiver. Extension ofthe time for payment or modification of amortization ofthe sums secured by this Security Instrument granted byLender to Borrower or any Successor in Interest ofBonower shall not operate to release the liability of Borrower or airy Successors in Interest of Borrower. Lender shall not be required to commence proceedings agamst any Successor m Interest ofBorrower or to refuse to extend time for payment or otherwise modify amortizat�on ofthe sums secured by this Security Instrument by reason of any demand made by the original Bonower or any Successors in Interest of Bonower. Arty forbearance by Lender in exercising any right or remedy including, without limitation, I.ender's acceptance of payments from third persons, entities or Successots in Interest ofBonower 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; Co-signers; Successors and Assigns Bound. Bortower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who casigns this Security Instrument but does not execute the Note (a "casigner"): (a) is co-signing this Security Instrument only to mortgage, grant and conveythe co-signer's interest in the Property under the terms ofthis Security Instrument; (b� is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and anyo er Borrower can agree to extend, modify, forbear or make a.nyaccommodations with regazd to the terms ofthis Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all ofBorrower's ri�hts and benefits under this Secunty Instrument. Borrower shall not be released from Borrower's obligat�ons and liability under this Security Instrument unless Lender a�rees to such release in writing . The covenants and agreements ofthis Security Instrument sha11 bind (except as provided in Section 20) and benefit the successors and assigns ofLender. 14. Loan Charges. Lender may chazge Bonower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Properiy and rights under this Security Instrument, including, but not limrted to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authorit� in this Security Instrument to charge a specific fee to Bonower shall not be construed as a prohibition on the chargmg of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan char�es, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connect�on with the I.oan exceed the permitted limits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment chazge is provided for under the Note). Bonower's acceptance of any such refwid made by direct payment to Bonower w�ll constitute a waiver ofa.ny right of action Borrower might have arising out of such overchazge. 15. Notices. All notices �iven by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower m connection with this Security Instrument shall be deemed to have been given to Bonower when mailed 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 Iaw e7cpresslyrequires otherwise. The not�ce address shall be the Properiy Address unless Borrower has designated a substitute notice address by notice to I.Bnder. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Bonower's change of address, then Bonower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Insirument at any one ttme. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. ffany notice required by this Security Instrument is also required under Applicable Iaw, the Applicable Law reyuirement w�ll satisfy the conesponding requirement under this Secunty Instrument. 16. Governing Law; 5everability; Rules of Construction. This Security Instrument shall be govemed by federal law and the law ofthe�jurisdiction in which the Properiy is located. All rights and obligations cont�ned in this Security Instrument are sub�ect to a.ny reyuirements and limitations of Applicable Iaw. Applicable Law might explicitly or implicitly allow the parties toagree by contract or it might be silent, but such silence shall not be construed as a prohibrtion a�ainst agreement by contract. In the event that any provision or clause of this Security Instrument or the Note confl�cts wrth A�pplicable Iaw, such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include conesponding neuter words or words ofthe feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Bonower shall be given one copy ofthe Note and ofthis Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Irrterest in the Propert}�' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transfened in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or anypart ofthe Property or any Interest in the Properly is sold or transferred (or ifBorrower is not a natural person and a beneficial interest m Borrower is sold or transfened) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by I.ender �f such exercise is prohibited by Applicable Law. ffLender exercises this option, Lender shall give Borrower notice ofacceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Bonower must �ay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may mvoke any remedies permitfed by this Security Instrument without further notice or demand on Bonower. 19. Borrower's Right to Reinstate After Acceleration. IfBorrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the eazliest o� (a) five days before sale ofthe Properiypursuant to anypower ofsale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinsta.te; or (c) entry of a NEBRASKA—Single Family—Fannie Mae/Freddie Mac i1r1IFORM INSTRUMENT Modified Form 3028 1/Ol (page 6 of 8 pagesJ 22050.CV (9/09) a3-1174 Creative Thinldng, Inc. GOTO(0027f29d)