201107768 - Laserfiche WebLink

Browse

20110�768 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument grante�i 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 Bonower. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower 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 5uccessors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Bonower or itt amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Bonower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Insmament but does not ex�ute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this S�urity Instrument; (b) is not personally obligated to pay the sums secured by this S�urity Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instnunent or the Note without the co-signer's consent. Subject to the provisions of Secrion 18, any Successor in Interest of Bonower who assumes Borrower's obligations under this Security Instnunent in writing, and is approvefl by Lender, shall obtain all of Borrower's rights and benefits under this Security Instnunent. Borrower shall not be released from Bonower's obligations and liability under this S�urity Instrument unless Lender agrces to such release in writing. The covenants and agr�ments of this Security Instn�ment shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower f�s for services performed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Properly and rights under this Security Instnunent, including, but not limited to, attomeys' fees, property inspection and valuarion fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the chazging of such fee. Lender may not charge fces that are expressly prohibited by this Security Instrument or by Applicable L,aw. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be coll�ted in 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 limit; and (b) any sums already collected from Borrower which excce�ed pernuttefl iimits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal o�ved under the Not� or by �cing a direct payment to Borrower. If a refund re�uces principal, the reduction wi11 be treated as a partial pr�payment without any prepayment charge (whe�er or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Bonower will consritute a waiver of any right of acrion Bonower might have azising out of such overcharge. 9 5. Motices. All norices given by Bonower or Lender in connection 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 Bonower's norice address if sent by other means. Norice to any one Borrower shall consritute norice to all Borrowers unless Applicable Law expressly requires otherwise. The norice address shall be the Property Address unless Borrower has NEBRASKA-Single Femily-Fannie Mae/Freddie Mac UNIFORM �NSTRUMENT Form 3028 1/01 VMP p VMP61NE1 (1105) Wolters Kluwer Flnancial Services Pege 11 of 17 �a r � . �, . . . . . , " a' ..