201105407 - Laserfiche WebLink

Browse

201�Q5407 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 Property are hereby assigned and shall be paid to Lender. All Miscellan�us Proaeeds that are not applied to restoration or repair of the Property shall be 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 modificarion of amortizarion of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any Successors m Interest of Borrower. L,ender sha11 not be required to comtnence proceectings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizarion of the sums secured by this Security Insnvment by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without lunitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or pre,clude the exercise af any right or remedy. 13. Joint and Several Liabitity; Cc►-signers; 3uccessots and Assigns Bound. Borrower covenants and �grees tha,t B�arrower's obligations and Iiabitit�r sha11 be joirn and severat. I�owever, any Borrower who co-signs this Security Instrument but does not exe.cute the Note (a "co-signer"): (a) is co-signing this Security Tnstrciment only to mortgage, grant and convey the co-signer's interest in the Property under tl�e terms of this Securit� �nstn�.meat; (b) is not persoIIally obligatec� to pay the sums secured by this Security Tnstrument; and (c) agrees that Lendes and any other Borra�+er can agree to extend, modify, forbear or make any accommodatio� �ith reg� to the terms af this Security Instr�ment or the Note without the co-signer's cansent. 5ubject to the provi,�idas vf Se�o�s I8, any Suce�r iu Interest of Borrower who assumes Bc�rrower's ob�igatro� u�r this Securit}� Instivment in vvr�ti:r�g, an� is agpravecP by L,ender, shatl abtain a�I o€ Borrower's rig� �€ begefits uud�r t�is Securiry Instr�ment. Borrower shall not be rel�ed from Bormwer's abFigatioas a� Itabi�ity u�t�er ti�is Secr�rity inst�tuent unless Lender agrees to such release in writing. Tfie cover�ants and agreements of this Security Instrume�t snall bind (except as provided in Section 20) and benefit the successc»rs auc� assigas of �.ender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connecrion with Bormwer's default, far the purpose of prvtecting Lender's interest in the Froperty and rights under this Security Instru�nent, incl�diag, but �ot limitec� tQ, attoraeys` fees, ProgeriY insPection and vatuation fees. In regard. to any Qther fee.s, the absence of exgress aut�mrity in this Security Instramertt to charge a sgecific fee to Borrawer s1�all not be constn�ed as a grok�'bition o� tYie charging of such fee. I.end.er may not charge fees that are expressly prohibitecfi hy this Security Instrument or by �4pplicable Law. If tfie Loan is subject tc� a Iaw which sets maximum Ioan charges, and ttiat law is finally interpreted so that the interest or other Ioan charges collected or to be collected ia connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted lumt; and (b) any sums already collected from Bonower which exceeded permitted Iimits 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 Borrower. If a refund reduces principal, the reduction will be treated as a paztial 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 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 this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument 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. Norice to any one Borrower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designa.ted a substitute notice address by notice to Lender. Bonower shall promptly notify Lender of Bonower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Bonower shall only report a change of address through that specified procedure. NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �-6(NE) �osii) Page 10 of 15 inittais: Form 3028 1/01 �