201108585 - Laserfiche WebLink

Browse

�01I085�� 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payxnent or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender sha11 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 Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remetiy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Jvint and Severat Liabitity; Co-signers; Successors and Ass+gns Bound. Borrower covenants and agrees that Borrower's obligations and liabiliry sha11 be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Insmiment only to mortgage, grant and convey the co-signer's interest in the Property under tY� terms of this Security Instrument; (b) is not personally obligated to pay the suins secured by fihis Securily Instrument; and (c) agrees that L,ender and any other Bonower can agree to extend, modify, forbear or malce any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. 5ubject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain a11 of Bonower's rights and benefits under this Security Instrument. Borrower sha11 not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument sha11 bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this 5ecuriry Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fce to Borrower sha11 not be construed as a prohibition on the charging of such fce. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. 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 collected in connection with the Loan excced 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 exceeded permitted limits will be refu�aded to Borrower. Lender may choose to make this refund by reducing the principal owed under the i*iote or by making a direct payment to Borrower. If a refund rsduces principal, the reducticm will be treated as a p�rti� �repaymen# without any prepayment charge (whether or not a prepaymern charge is provided for under the Note). Borrower's acceptance of any such refund mm�de by direct payment to Bonower will constitute a waiver of any right of action Borrower might have arising out of such overciiarge. 15. Notiees. All ncjtices given by Borrower or Lender in connection with this Securiry Instrument must be in writing. Any notice to Borrower in connection with this Security Instruxnent shall be dcemed to ha�e been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one $orrower shall constitute notice to all Borrowers uniess Applicable Law expressly requires atherwise. The notice address shall be the Property Address unless Borrower has NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT � Form 3028 1/01 VMP � � VMP6WE) It 105) Wofters Kluwer Financial Services Page 11 of t 7 a, t� � � ' = r , . . y +. i �T � . . .