201106893 - Laserfiche WebLink

Browse

20�10689� 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secure� by this S�urity Instrument granted by Lender to Bonower or any Successor in Interest of Borrower shall not operate to release the liability of Bonower or any Successors in Interest of Borrower. Lender shall not be required to commence proc,eedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Bonower or any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy including, without limitarion, Lender's acceptance of payments from third persons, entiries or Successors in Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or pr�lude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrees that Borrower's obligations and liability shall 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 Insmiment only to mortgage, grant and convey the co-signer's interest in the Properly under the terms of this Security Instnament; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agree:s that Lender and any other Bonower can agr� 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 consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's obligations under this Security Instn�ment in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this S�urity Insm�ment. Borrower shall not be release� from Bonower's obligations and liability under tlus Se�urity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this S�urity Instrument shall bind (except as provided in Secrion 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may 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 Instivment, including, but not limit� to, attorneys' fees, property insp�tion and valuarion fces. In regard to any other f�s, the absence of express authority in this Security Instrument to charge a specific f� to Borrower shall not be construed as a prohibirion 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 subj�t to a law which sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan chazges collected or to be coll�ted in connecrion with the Loan exc.eed the permitted limits, then: (a) any such loan charge shall be reduced by the amount n�essary to reduce the charge to the permitted limit; and (b) any sums already colle�ted from Bonower which exceedefl permitted limits �+ill be refunded to Bonower. L,ender may choose to make this refund by reducing the principal owed under the Note or �y maldng a direct payment to Bonower. If a refund r�uces principal, the re�uction will be treated as a partia� prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Bonower's acceptance of any such refund made by direct payment to Borrower will com�titute a waiver of any r�ght of action Borrower might have arising out of such overcharge. 15. Notices. All notice.s given by Borrower or Lender in connecrion with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's norice address if sent by other means. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable Law expressly requires otherwise. The norice address shall be the Property Address unless Bonower has NEBHASKA-Si�le Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMPBfNE) (11051 Wolters Kluwer Financial Services Page 71 of 17