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20�1071�� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Bonower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Bonower or any <br />Successors in Interest of Bonower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amorti�ation <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 Bonower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entities or 5uccessors in <br />Interest of Bonower or in amounts less than the amount then due, shall not be a waiver of or pr�lude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrees that Bonower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs tlus Security 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�urity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or make <br />any accommodations with regard to the tenns of this Security Instrument or the Note without the co-signer's <br />consent. <br />Subject to the provisions of Secrion 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligarions under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Insmiment unless Lender agr�s to such release in <br />writing. The covenants and agreements of this Security Instnunent shall bind (except as provided in Secrion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Bonower's <br />default, for the purpose of prot�ting Lender's inter�t in the Property and rights under this Se�urity <br />Insmiment, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this �curity Instrvment to chazge a spe�ific fee to <br />Borrower shall not be construed as a prohibirion on the charging of such fee. Lender may not chazge fees <br />that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject 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 n�ssary to reduce the <br />charge to the germitted limit; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Bonower. L,ender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction 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). Borrower's acceptauce of any such refund made by direct payment to <br />Bonower will constitute a waiver of any right of action Bonower might have arising out of such overchazge. <br />15. Notices. All notices given by Bonower or Lender in conn�tion with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this S�urity Instrument shall be deemed to have been <br />given to Borrower when mailed by first class ma.il or when actually delivered to Bonower's notice address if <br />sent by other means. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Bonower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mec UNIFORM INSTRUMENT <br />VMP Q <br />Wolters Kluwer Financial Services <br />Form 3028 1 /01 <br />VMP81NE) (1105) <br />Page 11 of 17 <br />� \ 1 <br />��`� <br />