201109302 - Laserfiche WebLink

Browse

201109302 12. Borrower Not Relea�ed; Forbearance By Lender Not a Waiver. Extension oFthe time for payment or inodif'iaation of ainortization of the sums seaured vy this Security Instrument granted vy Lender to Borrower or auy Successor in Interesti of Borrower shall not operate to release the liability of Borrower or any Successors in Intei•est of Borrowar. L�nder sha11 not be required to comrnence proceeclin�s against a�ry Successor in Interest of Borrower or to refuse to extencl tiine for�ayillent or otherwise inodify�iinortiz�tion of the sums secured Uy this Security Institunent by reason of any clem�nd inade by the origiiial Borrower or aiiy Successors iii Interest of Borrower. Any forbearance vy Lender in exercising any right or renledy iYichtdiilg, �vithout liinitation, Lender's acce�atance of payments fi�om third persoris, entities or �uccessors in Interest of Borrower or in amounts less thaii the amounE�hen due, slzall not l�e a w�iver of or�reclude the exercise of any right or reinedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covei�ants�nd agrees that Borrower's ol�ligations a1zt11iaUility sh�11 be joint and several. However, any Borrower w110 co-signs this Security Instr'uinent Uut does not execute the Note(a"co-signer"): (�) is co-signing this Security Instruineiit only to mortgage, grant and convey the co-signer's interest in the Property uilder the terms of this Security Instrument; (U)is not persoilally oUligated to pay the sums secLtred Uy this Security Instrument; and(c)�grees tllat Lender and any otlier Borrower can agree to extend, modify, forUeai•or malce any�cconunodations with regas•d to the tei'ms of this Security Instrument or the No'te without tha co-signer's conseiit. Subj ect to the provisions of Section 18, any Successor in Interest of Borrower who assuines Borrower's obligations under this Security�Instrument in writing, and is ap�ioved by Lender, sha11 obtaui a11 0� Borrower's rights and Uenefits under tlus Security Instrument. Borrower sllall not be released from Borrower's obligations and lill�ility ttnder this Security Instrument�inless Lenc�er agrees to sucli release iri writing. Tlie coven�iits and�greements of this Security Instruineut shall bind(except as provided in Section 20) and Uenefit the successors and�ssigiis of Lender. 14. Loan Charges. Leildei•may cllarge Boirower fees for services performed in comlectioii with Borrower's c�efault, for the pui�ose of protecting Lender's interest in the Property anci rights tuider this Security Iilstruinent, incluciing, Uut iiot linuted to, atitoi•neys' fees, property inspection and v�luation fees. In regard to a�iy other fees, the absence of e�press a�ithority in t1�is Secnritq Instirument to charge a specific Pee to Borrower s11�11 izot be construed as 1 prohibition on the charging of such i'ee. Lender may noti cl�arge fees that are expressly prohibited by this Security I�lstruinent or by Ap�lic�ble Law, If the Loan is subject to�a law wluch sets rnaximui�loau charges, a�7d that 1a�w is�"inally interpreted so tliat tlie interest or other loln charges collected or to Ue collected in coiulection with the Loai1 exceed the permittecl liinits, then: (a) �tiny such loan chlrge shall Ue reduced Uy the aillount necessary to reduce the charge to tl�e permitted lirnit; and(U)asiy stiuns�lre�dy collected from Borrower which exceeded permit�ed limits wi11 Ue reFunded to Borr•ower. Lender i�7ay choose to inalce this refiind by rec�uciiYg the principal owed under the Note or by malcing a direct payinent tio Borrower. If a refund red�.ices principal, the reduction wi11 be treated as a partial prepayment without any prepayinent charge(whether oi•not a prepayment charge is provicied for under the Note). Borrower's leceptance of�ny such refiuld m�de by direct p�yment to Boi�rower will constitute a w�iver of aily right of�ctioti Borrower inight liave arising out of sitch overcllarge, 15. Notices. All notices given by Borrower or Lender in coimection with this Security I�istrument imist be in writuig. Any notice to Borrower in comiection with tliis Security I�LStruanent s1ia1�be��deemed to hav�been given to Borrower when mailed by�rst class mail or whan�ctually delivered to Box•rower`s notice�ddzess if sent Uy otlier measls. Notice to any on�Borrower s1ia11 constitate z�otice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall Ue tlie Property Acldress unless Borrower has 231232 NEBRASKA-Single Famlly-Fannie Mae/Ffeddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VM P OO VM P6(NE)(11051 Wolters Kluwer Financial Sewices Page(1 of 17