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20�10797G <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortiza.tion of the sums s�ured by this 5ecurity 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 Bonower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secur� by this Security Instrument by reason of any demand made by the original Bortower 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, entiries 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; Successors and Assigns Bound. Borrower covenants and <br />agrees that Bonower's obligarions and liability shall be joint and several. However, any Borrower 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 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 Bonower can agree to extend, modify, forbear or make <br />any accommodations with regard to the terms 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 Borrower's <br />obligations under this 5ecurity Instrument in writing, and is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument. Bonower shatl not be released from <br />Borrower's obligations and liabiliry under this Security Instrument unless Lender agr�s to such release in <br />writing. The covenants and agreements of this S�urity Instniment sl�all bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Bonower fces 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 S�urity <br />Instrument, including, but not limited to, attomeys' fees, properiy inspecrion and valuation fces. In regazd to <br />any other fees, the absence pf express authoriry in this 5ecurity Instrument to chazge a specific fe� to <br />Borrower shall not be construed as a prohibition on the charging of such f�. Lender may not charge fees <br />that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subj�t to a law which sets maximum loan charges, and that law is finally interpreted so thai <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 pemutted limit; and (b) any sums already colle�ted from Bonower which exceeded permitteii <br />limits will be refunded to Bonower. Lender may choose to make this refund by reflucing the principal vwefl <br />under the Note or by making a direct payment to Borrower. If a refund reduces �rincipal, the reduction �+ill <br />be treated as a partia� prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Note). Borrower's acceptance of any such refund made by direct payment to <br />Borrower will consriiute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. Notices. Ali notices given by Bonower or Lender in connection with this S�urity Instrument must be in <br />writing. Any notice to Bonower in conn�tion with this Security Instrument shall be deemed to have b�n <br />given to Borrower when mailed by first class mail 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 Borrowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Fr�die Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />HMP � VMP6(NE) (1105) <br />Wolters Kluwer Financial Services Pege 11 of 77 <br />