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�Q�iQ7��� <br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Bonower <br />Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the <br />Property or rights under this Security Instrument. Bonower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Properiy or rights under this Security Instrument. The proceeds of any awazd or <br />claim for damages that aze attributable to the impairment of I.ender's interest in the Property aze hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in <br />the order provided for in Section 2. <br />12o 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 Borrower <br />or any 5uccessor in Interest of Borrower 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 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 Bonower or <br />any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, I.ender's acceptance of payments from third persons, entities or Successors in <br />Interest of Borrower 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 />13e Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Bonower who <br />co-signs this 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 5ecurity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make <br />any accommorlations with regazd 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 S�ccessor in Interest of Bonower who assumes Borrower's <br />obligations under this Security Instrument in writing, and is approved by I,ender, shall obtain a11 of <br />Bonower's rights and benefits under this Security Instrument. Borrower sha11 not be released from <br />Bonower's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of tYus Security Instrument shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in connection with Bonower'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 valuation fees. In regazd to <br />any other fees, the absence of express authority in this Security Instrument to chazge a specific fee to <br />Bonower sha11 not be construed as a prohibition 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 />11-11309 <br />NEBRASKA-S(ngle Family-Fennie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS TI11t1�S Fcrm 3028 1/01 <br />VMP Q VMPBA{NE111106) <br />Wolters Kluwer Flnancial Sarvices Page 11 of 17 <br />