201104759 - Laserfiche WebLink

Browse

��"�.�t14759 Lender in elcercising any right or remedy including, without limitation, Lender's acceptauce of payments from tlurd � persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, sha11 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. Borrower covenants and a.grees that Bortower's obligatians a.nd liability sha11 be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to martgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrvment; (b) is not persona.11y obligated to pay the sums secur�i by this Security Instrument; and (c) agrees that Lender and aay other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consen� Subject to the provisions of Section 18, atry Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, sha11 obtaiu all of Bortower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this 5ecurity Instrunaent unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Ch$rges. Lender ma.y charge Borrower fees for services perFormed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspec�ion and valuation fees. In regard to any other fees, the a.bsence of express suthority in this Security Insttument to charge a specific fee to Barrower shall not be construed as a prohibition on the charging 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 charges, and that law is finally interpreted so tha.t the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the permitted limit; and (b) any sums already collected from Bortower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by maldng a direct payme:nt to Borrower. If a refund 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). Bonower's acceptance of any such refund naade by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with tlus Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instiument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower'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 Bonower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Barrower shall only report a change of addzess through that specified procedure. There may be only one designated notice address under this Security Instrument 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 address sta.ted herein unless Lender has designated another address by notice to Borrower, Any notice in connection with tbis Security Instrument shall nat be deemed to ha.ve been given ta Lender until actua.11y received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instru�ment. 16. Governing Law; Severability; Rules of Construction. This Security Instrument sha11 be govemed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligatians contained in this Security Insirument are subject to any requirements and limitations of Applicable Law. Applicable Law might explioitly or implicitly a11ow the parties to agree by contract or it might be silent, but such silence shall not be constnted as a prohibition HCFO-00369 NEBRASKA-Single Femity-Fannle Mae/Freddie Mac UNIFORM INSIRUMENT Form 302B 1/01 � VMP� =- Woltera Kluxrer Flnanclal Services 201106174.0.0.0.4002-J20110224Y Page 9 of 73 1 �� �:` �°-