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201108944
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Last modified
12/1/2011 3:04:40 PM
Creation date
11/30/2011 8:59:24 AM
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DEEDS
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201108944
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2011089 <br />12. 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 S�urity Instrument grantefl by Lender to Borrower <br />or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Bonower. Lender shall not be required to commence proccedings 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 Borrower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitarion, Lender's acceptance of payments from third persons, entiti�s or Succ�ssors 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 obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not exe.cute the Note (a "co-signer"): (a) is co-signing this <br />Security Instniment only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Insm�ment; (b) is not personally obligated to pay the sums se�urefl by tius Security <br />Instrument; and (c) agrees that Lender and any other Bonower can agr� to extend, modify, forbear or make <br />any accommodations with regazd to the terms of this S�urity Instrument or the Note without the cfl-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 Instnunent in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under tYus Security Instrument. Bonower shall not be released from <br />Borrower's obligations and liability under this S�urity Instrument unless Lender agrces to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Se,ction <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may chazge Borrower f�s for services performefl 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 valuarion fees. In regard to <br />any other fees, the absence of express authority in this Security Instrument to charge a spe,cific fee to <br />Bonower shall not be construed as a prohibition on the chazging of such fee. Lender may not chazge f�s <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maxunum loan charges, and that law is finally interpretefl so that <br />the interest or other loan chazges collected or to be collected in connection with the Loan exceed the <br />pernutted limits, then: (a) any such loan charge shall be reduced by the amount n�sary to refluce the <br />charge to the permitted limit; and (b) any surns already coll�ted from Bonower which exc,eedefl permitted <br />limits will be refunded to Borrower. I.ender may choose to make this refund by re�tucing the principal owed <br />under the Note or by maldng a dire�t payment to Borrower. If a refund reduces principal, the reduction will <br />he treate� as a partiai 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 dir�t payment to <br />Bonower will consritute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in conn�tion with this Security Instrument must be in <br />writing. Any norice to Bonower in connection with this Se�urity Instrument shall be de�me� to have be�n <br />given to Borrower when mailefl by first class mail or when actually delivered to Bonower'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 norice address shall be the Property Address unless Bonower has <br />NEBRASKA-Sing�e Family-Fennie Mae/Fr�die Mac UNIFORM INSTRUMEM Form 3028 1/07 <br />VMP � VMPB(NE) (1105) <br />Wolters Kluwer Financial Services Page 11 of 17 <br />, � , � � �. '•d <br />
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