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201108218
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11/1/2011 4:21:21 PM
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11/1/2011 4:21:20 PM
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201108218
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20�108218 <br />12. Borrower Not Released; Forbearance By Lender Not � Waiver. Extension of the time for payment or <br />modification of amortization 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 Borrower or any <br />Successors in Interest of Borrower. I,ender 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 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 Suc,cessors in <br />Interest of Borrower 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 />agr�s that Borrower's obligations and liability shall be joint and severai. 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 />S�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this S�urity Instrument; (b) is not personally obligated to pay the sums s�ureri 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 regazd to the terms of this S�urity Instrvmern or the Note without the co-signer's <br />consent. <br />Subje,ct to the provisions of Section 18, any Successor in Interest of Borrower 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 Secuxity Instrument. Bonower shall not be released from <br />Bonower's obligations and liability under this Security Instrument unless Lender agrces to such release in <br />writing. The covenants and agreements of this 5ecurity Insm�ment shall bind (except as provided in Section <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Bortower fees for services performed in conn�tion with Bonower's <br />default, for the purpose of protecting Lender's inferest in the Property and rights under this Security <br />Instrument, including, but not limited to, attorneys' f�s, property inspection and valuation fees. In regard to <br />any other f�s, the absence of express authority in this Security Insm�ment to charge a sp�ific f� to <br />Bonower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fces <br />that aze expressly prohibited by this Security Instrument or by Applicable Iaw. <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 chazges 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 refluce the <br />charge to the permitted limit; and (b) any sums already collected from Borrower wluch exceeded permitted <br />limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct paymern to Borrower. If a refund reduc�s principal, the re3uction wiil <br />be �xxeated as a partial prepayment without any prepayment chazge (whether or not a prepayment charge is <br />provid�i for under the Note). Borrower's acceptance of any such refund made by direct payment to <br />Borrower will consritute a waiver of any right of acrion Bonower might have arising out of such overchazge. <br />15. IVotices. All norices given by Borrower or Lender in conn�tion 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 Borrower when mailed by first class mail or when actually delivered to Bonower's norice 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 norice address shall be the Properiy Address unless Bonower has <br />NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 7/01 <br />VMP � VMPB(NE) (7105) <br />Wolters Kluwer Financial Services Page 11 of 17 <br />h � , y � Y <br />�. � <br />
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