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201107814
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Last modified
10/19/2011 11:27:29 AM
Creation date
10/19/2011 8:39:49 AM
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DEEDS
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201107814
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��������� <br />12. BorrowerNo4 Released;ForbearanceBy LenderNot 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 Successor in Interest of Borrower shall not operate to release the liabiliiy of Bonower or any <br />5uccessors in Interest of Bonower. Lender sha11 not be required to commence proceedings against any <br />5uccessor 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;Successorsand AssignsBound.Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Bortower who <br />co-signs this 5ecurity Instntment but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrnment only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security 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 accommodations with regard to the terms of this Security Instivment 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 />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instnunent. Bonower shall not be released from <br />Borrower's obligations and liability under this Security Instruxnent unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Insttvment 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 Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security <br />Instntment, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to <br />any other fees, the absence of express authority in this Security Instnunent to charge a specific fee to <br />Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees <br />that are expressly prohibited by this 5ecuriiy 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 necessary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Bonower which exceeded pernaitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refiwd 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). Bonower's acceptance of any such refiwd made by direct payment to <br />Bonower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. Notices. All notices given by Bonower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Bonower in connection with this Security Instrument shall be deemed to have been <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. Notice to any one Borrower shall constitute notice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKASingle Family-Fannie Mae/Freddie Mac UNIFORM INuTRUMENT <br />VMP 0 <br />Wolters Kluwer Financial Servicea <br />Fortn 30281/01 <br />VMPB(NE) (1105).00 <br />Paga 11 of 17 <br />
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