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201�06794 <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modificarion of amortization of the sums s�ured by this Security Instrument granted by I.ender to Bonower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Bonower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br />any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. B�onower covenants and <br />agr�s that Bo�rvwer's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Se�urity Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Se�arity Instrument; (b) is not gersonally obligated to pay the sums secureri by this Security <br />Instrument; and (c) agr�s that Lender and any other Borrower can agr� to elctend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's <br />obligarions under this S�urity Instrument in writing, and is approve� by Lender, shall obtain all of <br />Bonower's rights and benefits under this S�urity Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this 5ecurity Instrument shall bind (except as provided in Secrion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Borrower f�s for services performed in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, attomeys' fees, property inspection and valuarion f�s. In regard to <br />any other fees, the absence of express authority in this Security Instrument to charge a sp�ific fee to <br />Bonower shall not be wnstrued as a prohibirion on the charging of such fee. Lender ma.y not charge f�s <br />that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subje�t to a law which sets maximum loan charges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be collected in connection 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) any sums already coll�ted from Borrower which exceedefl �ermitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owefl <br />under th� Note or by making a direct payment to Borrower. If a refund reduces principal, the reduciion will <br />be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Bonower's acceptance of any such refund made by dir�t payment to <br />Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Not+ces. All noricas given by Bonower or I.ender in connection with this S�urity Instrument must Ue in <br />writing. Any notice to Borrower in coffiection with this S�urity Instrument shall be deemed to have h�n <br />given to Bonower when mailed by first class mail or when actually delivered to Borrower's notice address if <br />sent by other means. Norice to any one Bonower shall constitute notice to all Bonowers unless Applicable <br />Law expressly requires otherwis�. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1l01 <br />VMP Q VMP6(NE) (1105) <br />Wotters Kluwer Financial Services Page 11 of 17 <br />