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j(Jb1199_~? or remedy induding, without limitation, Lender' s acceptancc of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrowercovcnants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer' s interest in the Property under the terrns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrowcr can agree to extend, modify, forbear or make any accommodations witb regard to the terrns ofthis Security Instmment or the Note without the co- signer's consent. Subject to the provisions of Section I S, any Successor in Interest of Borrower who assumes Borrower's c11igations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender a!,'Tees to such release in writing, The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benetit the successors and assigns of Lender, 14. Loan Charges. Lender may charge Borrower fees for services perfoTIl1ed in connection with Borrower's default, for the purpose of protecting Lender's intercst in the Property and rights under this Security Instrumcnt, including, but not limited to, attorneys' fees, property inspection and valuation fees, In regard to any other fees, the absence of express authority in this Security Instmment to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fcc, Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicab]e Law, If the Loan is snbjectto a law which sets maximum loan charges, 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 perrnitted limits, then: ta) any snch loan charge shall be reduced by the amount necessary to reduce the charge to the pernlitted limit; and (b) any sums already collected from Borrower which exceeded pernlitted 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. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note), Borrower's acceptance of any such refund made by direct payment 10 Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing, Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower whcn mailed by tirst class mail or when actually delivered to Borrowcr's noticc addrcss if scnt by other means, Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise, The notice address shall be tbe Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall on]yreport a change of address through that specified proccdurc, Therc may be only one designated notice address under this Security Instrument at anyone time, Any notice to Lender shall be given by delivering it or by mailing it by tirst class mail to Lender's address stated herein unlcss Lendcr has designatcd another address by noticc to Borrower. Any notice in connection Wilh this Security Instrument shall not be deemed to have been given to Lcnder until actually received by Lender, If any notice required by this Security Instrumcnt is also required under Applicable Law, the Applicable Law requirement will satisfy thc 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 Instrument are subject to any requirements and limitations of Applicable Law, App]icable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agrcement by contract, In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such contlict shall not affect other provisions of this Security Instmment or the Note which can be given effect without the contlicting 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 pluml and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy ofthe Note and of this Security Instrument. 18. Transfer ofthe Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond tor deed. contract tor deed, installment sales contract or escrow agrecment, the intent of which is the tmnsfer of title by Borrower at a future date to a purchaser. I f all or any parI of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natura] person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate paymcnt in full of all sums secured by this Security Instrument. However, this option shall not bc exercised by Lender if such exercise is prohibited by Applicable Law. If 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 Borrower must pay all sums sccurcd by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pemlitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Aeceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrunlent discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale conulined in this Security Instrument; (b) such other period as Applicable Law might specify tor the temlmation of Borrower's right to reinstate; or (c) entry of a judgment entorcing this Security Instrument, Thosc conditions are that Borrower: (a) pays Lender all sums which thcn 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 Security Instrument, including, but nOllimited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrumcnt; 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 Borrower's obligation to pay the sums secured by this Sccurity Instrument, shall continue unchanged. Lender may require that Borrowcr pay such reinstatement sums and expenses in one or more of the following fomlS, 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, Howcver, this right to reinstate shall not apply in the casc of acceleration under Section] 8, 20. Sale of Note; Change of Loan Servleer; Notice of Grievance. The Note or a partial interest in the Note (togcther with this Security Instrument) can be sold one or more times without prior notice to Borrowcr, A sale might result in a change in thc entity (known as thc "Loan Servicer") that collects Periodic Payments due under thc Notc and this Security NEBltASKA-Single Family-.'annie Mae/Freddie Mac UNIFORM INSTRUMENT 9754.CV (1105) 6898555040 Form 3028 I/Ol (page 6 ~f 8 pages) Creative Thinking, Inc. GOTO(OOI685ee)