<br />20070S6071
<br />
<br />or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
<br />Interest of Borrower or in
<br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
<br />13. Joint and Several Liability; C()..si~ners; Successors and Assigns Bound. Borrower covenants and agrees
<br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security
<br />Instrument but. does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrumenl only to mortgage, gram
<br />and convey ilie co-signer' s interest in the Property under the terms of this Security Instrumenl; (b) is not personallyobligated
<br />to pay ilie sums secured by this Security Instrument; and (c) agrees iliat Lender and any other Borrower can agree lO extend,
<br />modify, forbear or make any aceonunodations with regard to the ternlS of this Seeurily Instrument or the Note without the co-
<br />signer's consent.
<br />Su~;ect to the provisions of Seclion I R, any Successor in Interest of Borrower who assumes Borrower's obligations
<br />under this Security Instrumenl in wriling, and is approved by Lender, shall obtain all of Borrower's righls and benefits under
<br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security
<br />Instrument unless Lender agrees to such release in wriling. The covenants and agreements of this SecurilylnSlrument shall
<br />bind (excepl as provided in Section 20) and benefil the successors and assigns of Lender.
<br />14. Loan Cbarges. Lender may charge Borrower fees for services perfomled in connection with Borrower's
<br />default, for the purpose ofprotecling Lender's interest in the Property and rights under thi, Security InSlrument, including,
<br />but. not limit.ed to, attorneys' fees, property inspection and valuation fees. In regard to any oilier tees, the absence of express
<br />authorily in this Security Instrument t.o charge a specific fee to Borrower shall not be construed as a prohibilion on the
<br />charging of such fee. Lender may not charge tees that are expressly prohibited by this Security Instrument or by Applieable
<br />Law.
<br />If the Loan is subjeclto a law which sets maximum loan charges, and that law is finally interpreted so that the
<br />interest or other loan charges collecled orto be collected in connection wilh the Loan exceed the permitted limits, then: (a)
<br />any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limil; and (b) any sums
<br />already collected from Borrower which exceeded pernlitted limits will be refunded lO Borrower. Lender may choose to make
<br />this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces
<br />principal, the reduction will be treated as a partial prcpayment without any prepayment chargc (whcther or not a prepayment
<br />charge is provided for under the Note). Borrower's acceptance of any such refund made by direct paymenl to Borrower will
<br />constitule a waiver of any right of action Borrower might have arising out of such overcharge.
<br />15. Notices. All notices given by Borrower or Lender in cOlilection with this Security Instrument must be in
<br />writing. Any notice to Borrower in connection wiili this Security Instrument shall be deemed to have been given to Borrower
<br />when mailed by first class mail Ot when actually delivered lO Borrower's notice address if sent by otber means. Notice t.o any
<br />one Borrower shall conslimtc notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice
<br />address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lendcr.
<br />Borrower shall promptly notify Lender of Borrower's changc of address. If Lender specifie, a procedurc for reporting
<br />Borrower's change ot address, then Borrower shall only report a change of address through that specified procedure. There
<br />may be only one designated notice address under this Security Instrument at anyone time. Any nOlice to Lender shall be
<br />given by delivering it or by mailing it by fitst class mail to Lender's address stated herein unless Lender has designated
<br />another address by notice to Borrower. Any notice in connection with this Security Inslrument shall not be deemed to have
<br />been given to Lender until actually received by Lender. If any notice required by this Securily Inslrumcnt is also required
<br />under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
<br />Instrument.
<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by
<br />federal law and thc law of the jurisdiction in which ilic Property is located. All rights and obligations contained in this
<br />Security Instrument are subject to any requiremcnts and limitations of Applicable Law. Applicable Law might explicitly or
<br />implicitly allow the parties to agree by contract Or it might be silent, but such silence shall not be construed as a prohibition
<br />against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with
<br />Applicable Law, such conflict shall not affecl other provisions of this Security Instrument Or ilic Note which can be given
<br />cffecl without the conflicting ptovision.
<br />As used in this Security Instrument: (a) words of the masculine gcnder shall mean and include corresponding neuter
<br />words or words of ilie feminine gender; (b) words in the singulat shall mean and include the plural and vice versa; and (c) ilie
<br />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 Notc and of this Security Instrument.
<br />18. Transfer ofthe Property or a Benefieiallnterest in Borrower. As used in this Section 18, "Interest in the
<br />Property" mcans any legal or beneficial interest in the Property, including, but not limited to, those bencficial interests
<br />transterred in a bond for deed, contract for deed, installment sales contract Or eScrow agrecment, the intent of which is the
<br />transfer of title by Borrower al a fumre date to a purchaser.
<br />If all or any part of the Property or any Interest in the Property is sold ortransferred (or if Borrower is not a natural
<br />person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
<br />require immediate payment in full of all sums secured by Ibis Securily Instrument. However, this option shall not be
<br />exercised by Lender if such exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shall give Borrowet notice of acceleration. The notice shall provide a period
<br />of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all
<br />sums secured hy this Security Instrument. If Borrower fails to pay these sums prior to thc expiration of this period, Lender
<br />may invoke any remedies pcrmittcd by this Security Instrument without further noticc or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall
<br />have the right to have enforcement ofthis Security Instrument discontinued at any time prior to the earliest of (a) five days
<br />before sale of the Property pursuant to any power of sale contained in this Security Instrument: (b) such other period as
<br />Applicable Law might specify for the termination of Borrower's right to reinsmte; or (c) entry ofajudgment enforcing iliis
<br />Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under Ibis
<br />Securily Instrument and the Note as if no aecelcration had occurred; (b) cures any default of any other covenants or
<br />agreements; (c) pays all expenses incurred
<br />in enforcing this Security Instrumenl, including, but not limited to, reasonable attorneys' fees, property inspection and
<br />valuation tees, and olber fees incurred for the purpose of protecting Lender's interest in ilie Property and rights under this
<br />Sccurily Instrument; and (d) takes such action as Lender may reasonably require lo assure iliat Lender's interest in the
<br />Propcrty and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
<br />Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one
<br />or more ofthe following fOffi1s, as selected by Lender: (a) cash; (b) money order; (c) certitied check, bank check, treasurer's
<br />check or cashier's chcck, provided any such check is drawn upon an instimtion whose deposits are insured by a federal
<br />agency, inSlrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrowet, this Security
<br />Instrument and obligations secured hercby shall remain fully effective as ifno acceleration had occurred. However, this right
<br />to reinstatc shall not apply in the case of aeccleration under Section I R.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
<br />(together with this Security Instrument) can be sold one or more times without prior noticc to Borrower. A sale might result
<br />in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and Ibis Security
<br />
<br />NEBRASKA-Single Family-Fannie MaelF'reddie Mac UNIFORM I;\ISTRUMF;NT
<br />9754.CV (1105) 689S557140
<br />
<br />hrm 3028 1101 (page 6 of X pages)
<br />Cre~tive Thinking; Jnc.
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<br />GOTO(OOI6,707)
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