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..........,.---..-..-.. I' -------- - -- --- --------------------- ------ ----------- ----------------------1 200809974 I or remedy including, without limitation, Lender's acceptance 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. Borrower covenants 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 underthe terms ofthis Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations 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 agrees to such release in writing. The covenants and agreements ofthis Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomey~' fees, property inspection and valuation fces. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a pfOhibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to 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 pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower 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. I f 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 paymentto Borrower will constitute a waiver of any right of action Borrower might have arising out of snch overcharge. IS. 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 th is Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually del i vered to Borrower's noti ce address if sent 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 the 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 only report a change of address through that specified procedure. There 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 first class mail to Lcndcr's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument 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 Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silcnce shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause ofthis Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument 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. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer oCthe 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. for deed, contract for deed, inSlallment sales contract or escrow agrcemcnt, the intent of which is the transfer oftitle by Borrower at a future date to a purchaser. Ifall or any part ofthe Property or any Interest in the Property is sold ortmnsferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be 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 secured by this Security Instmment. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument withoul further notice or de11?and 011. ':Jorrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certam condlttons, Borrower shall have the right to have enforcement ofthis Security Instmment di~cont!nue(.l at any ~ime prior to the earliest of: (a) fiv~ days before sale of the Property pursuant to any power of sale con tamed 111 tillS Secunty Instrument; (b) such other pe.nod ~s Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcmg th!s Security Instrument. Those conditions are 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 Security Ins~rument, including, but not liTllIte~ to, reaso~a~le atto~eys' fees, propertY.lI1spectlOn an.d valuation fees and other fees mcurred for the purpose of protectmg Lender s mterest m the Property and nghts under tillS Security Inst~ment; and (d) takes such action as Lender may reasollab~y r~quire to assure that Lender's int~rest in t!le Property and rights under this Security Instrument, an~ Borrower's oblIgatIOn to p~y the sums secured by llns Se.cunty Instrument, shall continue unchanged. Lender may requIre that Borrower pay such rel1ls~atement sums and expenses 11l OT~e 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 b.ya federal agency, instrumentality or entity; or (d) Electronic. Funds Tran~fer. .Upon reinst~tement by Borrower, thIS S~cu.nty Instrument and obligations secured hereby shall relllam fully effectIve as If no acceleratlon had occurred. However, tillS right to reinstate shall not apply in the case of accelemtion under Section 18. . 20. Sale of Note' Change of Loan Servicer; Notice of Grievance, The Note or a partial interest m the Note (together with this Security'lnstrument) can be sold one or more times without prior notice to Borrower. A sale might res~dt in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and thiS Security NERRASKA--Singlc Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT 9754.CV (1/08) 6898644740 Form 3028 1/01 (page 6 (~18 pages) Creative Thinking, Inc. GOTO(IKllbaOb5)