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2Q120105� Subject to the provisions of Section 18, any Successor in Interest of Borrawer who assumes Borrower's obligations under this Security Instru�nt in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Bonower shall not be released from Borrower's obligations and liability under this Security Instru�nt unless Lender agees to such release in writing. The covenants and agreements of this Security Instru�nt shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Borrower fees for services perfor�d in connection with Borrower's default, for the purpose of protecting Lender's interest in the Properly and rights under tlus Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to chazge a specific fee to Bonower shall not be construed as a prohibition on the chazging of such fee. Lender may not chazge fees that aze expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pernutted limit; and (b) any sums already collected from Bonower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. ff a refund reduces principal, the reduction will be treated as a partial prepayment without any prepay�nt chazge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Bonower might have arising out of such overchazge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Bonower in connection with this Security Instrument shall be deemed to have 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 Bonower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Bonower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specif'ied procedure. There may be only one designated notice address under this Security Instrument at any one rime. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument sha11 not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instru�nt is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instru�nt are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly a11ow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrurr�nt or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Bonower shall be given one copy of the Note and of this S�urity Insttument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in tlus Section 18, "Interest in the Property" means any legal or beneficial interest in the Properiy, including, but not limited to, those beneficial interests transfened in a bond for deed, coniract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Bonower at a future date to a purchaser. ff all or any part of the Property or any Interest in the Property is sold or transferred (or if Bonower is not a natural person and a beneficial interest in Borrower is sold or transfened) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrumen� However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. ff Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Bonower must pay all sums secured by this Security Instrument. If Bonower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower m�ts certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions aze that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Secutity Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incuned for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Bonower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Bonower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instru�nt) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Pay�nts due NEBRASKA—Single Family—Fannie MaelFreddie Mac UIVIFORM INSTRUMENT (MERS) Form 3028 LOl (page 7 of 9 pages) 12439.CV (9/11) 874173 Creative Thinldng, Inc. Cr01'O(l�ldt3t�