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<br />200708432 <br /> <br />450713325 <br /> <br />does not cxccute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convcy the co- <br />signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured <br />by this Security Instrument; and (c) agrecs that Lender and any othcr Borrower can agree to extend, modify, forbear or make any <br />accommodations with regard to the terms of this Security Instrument or the Note without thc co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under <br />this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security <br />Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unlcss Lender <br />agrees to such rclcase in writing. The covcnants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lcnder may charge Borrowcr fccs for scrvices performed in connection with Borrower's default, for <br />the purpose of protecting Lendcr's interest in the Property and rights undcr this Security Instrument, including, but not limited to, <br />attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of cxpress authority in this Security <br />Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on thc charging of such fee. Lender may not <br />charge fces that are expressly 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 intcrprcted so that the interest or <br />other loan charges collected or to be collected in connection with thc Loan excccd the permitted limits, then: (a) any such loan <br />charge shall be reduced by the amount neccssary to reduce the charge to the permitted limit; and (b) any sums already collected <br />from Borrower which exceeded permitted limits will be refunded to Borrower. Lendcr may choose to make this refund by reducing <br />the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be <br />treated as a partial prepayment without any prepayment charge (whether or not a prcpayment charge is provided for under the <br />Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of <br />action Borrower might have arising out of such overcharge. <br />15. Notices. All noticcs givcn by Borrowcr or Lender in connection with this Security Instrument must be in writing. Any <br />notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrowcr whcn mailed by <br />first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall <br />constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Propcrty <br />Address unless Borrowcr has dcsignated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of <br />Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrowcr shall <br />only rcport a changc of addrcss through that spccificd procedure. There may be only one designated notice address under this <br />Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to <br />Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with <br />this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice requircd <br />by this Security Instrument is also rcquired under Applicable Law, the Applicable Law requirement will satisfy the corresponding <br />rcquirement under this Security Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law <br />and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are <br />subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow thc parties to <br />agree by contract or it might bc silent, but such silence shall not bc construed as a prohibition against agreement by contract. In the <br />event that any provision or c1ausc of this Security Instrumcnt or the Note conflicts with Applicable Law, such conflict shall not <br />affect other 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 gendcr shall mean and include corresponding neuter <br />words or words of the feminine gcnder; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word <br />"may" gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrower shall be given onc copy of the Note and of this Security Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As uscd in this Scction 18, "Intcrest in the Property" <br />means any legal or beneficial interest in the Property, including, but not limited to, those bcncficial intercsts transferrcd in a bond <br />for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrowcr <br />at a future date to a purchaser. <br />If all or any part of thc Property or any Interest in thc Propcrty is sold or transferred (or if Borrower is not a natural person <br />and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediatc <br />payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lcndcr if such <br />exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not <br /> <br />NEBRASKA-- Single family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />~ 338.25 Page 8 of 11 <br /> <br />Form 3028 1/01 <br /> <br />~~ <br />