201106426 - Laserfiche WebLink

Browse

�0110�� Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the �roceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Properiy is abandoned by Borrower, or if, after notice by Lender to Borrower that the conde or offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within the minim m number of days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal sh Il not extend or postpone the due date of the payments due under the Contract or change the amount of such paym nts. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time fo. modification of amortization of the sums secured by this Security Instrument granted by Lender to an interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's interest. Lender shall not be required to commence proceedings against any successor in interes extend time for payment or otherwise modify amortization of the sums secured by this Security ] reason of any demand made by the original Bortower or Borrower's successors in interest. Any f< Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any righi Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The c agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender a subject to the provisions of section titled Transfer of the Property or a Beneficial Interest i Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Secur but has no personal liability under the Cvntract ("Accommodation Signer"): (a) is co-signing Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Prope terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbea� accommodations with regard to the terms of this Security Insmzment or the Contract without that Ac Signer's consent. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets charges, and that law is fmally interpreted so that the interest or other loan charges collected or to connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be amount necessary to reduce the charge to the pertnitted limits and (b) any sums already collected which exceeded pernutted limits will be refunded to Borrower. Lender may choose to make reducing the principal owed under the Contract or by making a direct payment to Borrower. If a principal, the reduction will be treated as a partial prepayment under the Contract. paytnent or �successorin �uccessorsin or refuse to istrument by rbearance by or remedy. �venants and id Borrower, i Borrower. y Instrument 1us Security ty under the his Security or make any Kimum loan collected in zced by the n Borrower � refund by und reduces Notices. Any notice to Borrower provided for in this Security Instrument shall be given by deliv ring it or by mailing it by first class mail unless Applicable Law requires use of another method. The notice shall e directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to der shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or I.ender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be governed by federal law and the la s of the state of Nebraska. In the event that any provision or clause of this Security Instrument or the Contract onflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the C ntract which can be given effect without the conflicting provision. To this end the provisions of this Security Inst ment and the Contract are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property o any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borro er is not a natural person) without Lender's prior written consent, I,ender may, at its option, require immediat payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised y Lender if exercise is prohibited by federal law as of the date of this Security Instnunent. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice sh 11 provide a period of not less than the minimum number of days established by Applicable Law from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this 5ecurity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pe itted by this Security Instrument without �'urther notice or demand on Borrower. Borrower's Right to Reinstate. If Bortower meets certain conditions, Borrower shall have the � enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days ( period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any � contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instru conditions are that Borrower: (a) pays Lender all sums which then would be due under this Securil and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or ag pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasona fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to a lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the : ht to have such other wer of sale ent. Those Instrument �ments; (c) ; attorneys' zre that the ns secured � 2004-20I0 Complience Systems, inc. EE06-D32F - 2010.03378 Consumer Real Estate - Security Ingtnimeeatt DL2036 Page 3 of 5