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-'\ 200900746 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 ctrsigns this Security Instrument but does not execute the Note (a "ctrsigner"): (a) is ctrsigning this Security Instrument only to mortgage, grant and convey the ctrsigner's interest in the Property under the terms ofthis Security Instrwnent, (b) is not personally obligated to paxthe 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 witboutthe c0.- 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 ~1I ~fBorrow~r' s.r!ghts and be';lCfits W14er this Security Instrument. Borrower shall not be released from Borrower's obligations and hablllty under thIS Secunty Instrument unless Lender agrees to such release in writing. The covenants and agreements of this 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 defuult, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, 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 fustrument to charge a specific fee to Borrower shall not be construed as a prohibition 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 char~es, 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 permitted 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 smns 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. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or nota prepayment charge is provided for under the Note). Borrower's accep1ance of any suCh refund made by direct payment to Borrowerwill constitute a waiver of any right of action BOrrower might have arising out of such overcharge. 15. Notiees. 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 when mailed by first class mail or when actually delivered to Borrower's notice address if sent b>, 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 frrst class mail to Lender'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 Apphcable Law requirement will satis:fY 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 silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this 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 ofthe 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 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 for deed, contract for deed, Installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or anYl?art of the Property or any Interest in the Property is sold or transferred (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 Instrnment However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable law. Iff .cnder 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 Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement ofthis Security Instrument discontinued at anytime prior to the earliest of: (a) five days bcfor~ sale of the ~roperty p'ursuant to any p<?wer of sale contaiT'!ed in thi~ Security Instrument; QJ) such other period ':S Apph~le Law mIght specrfY for ~e termmabon of Borrower' s rIght to remstate; or ( c) ~ntry of a Judgment enforcing thIS Securlly Instrument. Those conditions are that Borrower: (a) pays Lender aU sums which then would be due under this Security Instrument and the Note as ifno acceleration had occurred; (b) cures any default of any other covenants or agreements; (0) pays all expenses incurred in enf9rcing this Security Instnunent, including, but not limited 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 Instrument; 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 Security fustlUment, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one 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 ch.eck, pro,,!ded any such chec~ is drawn upon an institution .whose deposits are insured bl' a federal agency, mstrumen!8hty or ennly; or (d) Electromc Funds Transfer. Upon remstatement by Borrower, thiS Security fustrument and obhgatlons secured hereby shall remain fully e:tIective as ifno acceleration had occurred. However this right to reinstate shall not apply in the case of acceleration under Section 18. ' 2~. Sa.le of N~te; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note {together WIth thIS Secunty Instrument) can be sold one or more times without prior notice to Borrower. A sale might result ill a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security NEBRASKA-Single Family-Fannie Mat/Freddic Mae UNIFORM INSTRUMENT 9754.CV (1/08) 4300101223 Form 3028 1/01 wage 6 of8 pages) Creative Thinking, Inc. GOTO(OOId32fb)