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20120669�
<br />Subject to the provisions of Section 18, any Successor in Interest of Bonawer who assumes Borrower's
<br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's
<br />rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations
<br />and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
<br />agreements of this Security Instivment shall bind (except as provided in Section 20) and benefit the successors
<br />and assigns of Lender.
<br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
<br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security
<br />Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any
<br />other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall
<br />not be construed as a prohibition on the chazging of such fee. Lender may not charge fees that are expressly
<br />prohibited by this Security Instrument or by Applicable Law.
<br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
<br />that the interest or other loan charges 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 reduce the charge to
<br />the permitted limit; and (b) any sums akeady collected from Borrower which exceeded permitted limits will be
<br />refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or
<br />by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial
<br />prepayment without any prepayrnent charge (whether or not a prepayment charge is provided for under the Note).
<br />Bonower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any
<br />right of action Borrower might have arising out of such overcharge.
<br />15. Notices. All notices given by Borrower or I,ender in connection with this Security Insfiu�nt must
<br />be in writing. Any notice to Borrower in connection with this Security Instrument sha11 be deemed to have been
<br />given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent
<br />by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law
<br />expressly requires otherwise. The notice address shall be the Properiy Address unless Borrower has designated a
<br />substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of
<br />address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only
<br />report a change of address through that spec�ed procedure. There may be only one designated notice address
<br />under this Security Instrument at any one time. Any notice to Lender sha11 be given by delivering it or by
<br />mailing it by first class mail to L.ender's address stated herein unless Lender has designated another address by
<br />norice to Borrower. Any notice in connection with this Security Instntment shall not be deemed to have been
<br />given to Lender until actually received by Lender. If any notice required by this Security Instrument is also
<br />required under Applicable I,aw, the Applicable Law requirement will satisfy the corresponding requirement under
<br />this Security Instrument.
<br />16. Governing Law; Severability; Rules of Construction. 'This Security Instrument sha11 be governed
<br />by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
<br />contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
<br />Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such
<br />silence sha11 not be construed as a prohibition against agreement by contract. In the event that any provision or
<br />clause of this Security Insttument or the Note conflicts with Applicable Law, such conflict shall not affect other
<br />provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include
<br />corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the
<br />plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
<br />"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those
<br />beneficial interests transferred in a bond for deed, coniract for deed, installment sales coniract or escrow
<br />agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
<br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
<br />not a natural person and a beneficial interest in Borrower is sold or transfened) without Lender's prior written
<br />consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
<br />However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
<br />provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
<br />which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior
<br />to the expiration of this period, Lender may invoke any remedies pernutted by this Security Instrument without
<br />further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain condirions,
<br />Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to
<br />the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in tUis Security
<br />Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to
<br />reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)
<br />pays Lender all sums which then would be due under this Security Instcvment and the Note as if no acceleration
<br />had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred
<br />in enforcing this Security Instaument, including, but not limited to, reasonable attorneys' fees, property inspection
<br />and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and
<br />rights under this 5ecurity Instrument; and (d) takes such action as Lender may reasonably require to assure that
<br />Lender's interest in the Property andrights under this Security Instrument, and Borrower's obligation to pay the
<br />sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such
<br />reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash;
<br />(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is
<br />drawn upon an institution whose deposits aze insured by a federal agency, instrumentality or entity; or
<br />(d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured
<br />hereby shall remain fully effective as if no acceleration had occurred. However, tlus right to reinstate shall not
<br />apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the
<br />Note (together with this Security Insirument) can be sold one or more times without prior notice to Borrower. A
<br />sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due
<br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 30281/Ol (page 7 of 9 pages)
<br />12439.CV (9/I I) 907991 Creative Thinldng, Inc.
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