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200901250
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Last modified
2/20/2009 3:08:45 PM
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2/20/2009 2:57:22 PM
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DEEDS
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200901250
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<br />200901250 <br /> <br />13. ~oint ~nd. Several ~la~~ty; Co-sI~n~rs; Successors and Assigns Bound. Borrower covenants and agrees <br />that Borrower s obhganons and hablhty shall be)olllt and several. However, any Borrower who co-signs this Security <br />Instrument but does. not e,x~cute th~ Note (a "co-sIgner"): (a) is co-signing this Security Instrument only to mongage. grant <br />and convey the co-sIgner s lIl~erest lIl.the Propeny under the tenns of thIS Security Instrument; (b) is not personally obligated <br />to pax the sums secured by thIS Secunty Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, <br />~odi~, forbear or make any accommodations with regard to the tenns of this Security Instrument or the Note without the co- <br />signer s consent <br />. Subjec~ to the provisi?ns of~ection ~ 8, any Successor in Interest of Borrower who assumes Borrower's obligations <br />u~der this ~ecunty Instrument III wntmg, and IS approved by Lender, shall obtain all of Borrower's rights and benefits under <br />this Secunty Instrument Borrower shall not ~e rel~~ed from Borrower's obligations and liability lfnder this Security <br />I~strument unless Le~der ~grees ~ such release III wnnng. The covenant~ and agreements ofthis Secunty Instrument shall <br />bind (except as proVIded 1Il Secnon 20) and benefit the successors and assigns of under. <br />14. Loan Charges. lender may charge Borrower fees for services perfomled in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under tltis Security Instrument, including <br />but no~ lin;ited,to. atto~eys' fees. property inspection a~d valuation fees. In regard to any other fees, the absence ofexp~ <br />autho~ty III thIS Secunty Instrument to charge a speCific fee to Borrower shall not be construed as a prohibition on the <br />charging ofsuch fee. Lender may not charge fees that are ex.pressly prohibited by this Security Instrument or by Applicable <br />Law. <br /> <br />. If the Loan is subject to a law which sets maximum loan charges. and that law is finally inlerpreted so that the <br />mterest or other loan charges collected or to be collected in connection with the Loan exceed the permitted lintits. then: (a) <br />any such loan charge shall be reduced by the amount necessacyto reduce the charge to the permitted lintit; and (b) any sums <br />already collected from Borrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make <br />this refund by reducing the principal owed under the Nole or by making a direct payment to Borrower. If a refund reduces <br />princip~1. the ~eduction will be treated as a partial ~repayment without any prepayment charg~ (whether or not a pIq)aymettt <br />charge IS prOVIded for under the Note). Borrower s acceptance of any such refund made by dIrect payment to Borrower will <br />constitute a waiver of any right of action Borrower ntight have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower <br />when mailed by first class mail or when actually delivered 10 Borrower's notice address ifsent by other means. Notice to any <br />one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requIres otherwise. Tbe notice <br />address shall be the Property Address unless Borrower has designated a substitute nOlice address by notice to Lender. <br />Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reponing <br />Borrower's change of address, then Borrower shall only repon a change of address through that speci fied procedure. 1bere <br />may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be <br />given by delivering it or by mailing it by first class mail to Lender' 5 address stated herein unless Lender has designated <br />another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have <br />been given 10 Lender until actually received by Lender. If any notice required by tItis Security Instrument 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. lbis Security Instrument shall be governed by <br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this <br />Security Instrument arc subject to any requirements and limitations of Applicable Law. Applicable Law mighl 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 affect other provisions of this Security Instrument or the Note which can be given <br />effect without -the conflictingprovision.- . - .-. . - -.-.. -. . <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter <br />words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; aml(c) the <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 Note and of this Security Instrument <br />18. Transfer ofthe Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the <br />Property" means any legal or beneficial interest in the Property, including, but not limited to. those beneficial interests <br />transferred in a bond for deed. contract for deed, installment sales contract or escrow agreement, the intent of wItich is the <br />transfer oftille by Borrower at a future date to a purchaser. <br />If all or any part ofthe Property or any Interest in the Property is sold or transferred (orifBorrower is not a natural <br />person and a beneficial interest in Borrower is sold or transferred) without Lender's prior wrinen consent, Lender may <br />require immediate payment in full of all sums secured by this Security 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 Borrower notice of acceleration. The noticc shall provide a period <br />of not less than 30 days fro!!l the date the notice is given i~ accordance with Secti?n 15 wilhin ~hi~h Borr~wer !!lust pay all <br />sums secured by this Secunty Instrument. If Borrower falls to pay these sums pnor to the expIratIon of this penod, Lender <br />may invoke any remedies permitted by this Security Instrument without further notice 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 of this Security Instrument discontinued at any time prior to the earliest of: (a) five days <br />before sale of the Property p'ursuant to any power of sale contained in this Security Instrument; (b) such other period as <br />Applicable Law ntighl specIfy for ~e temllnation of Borrower's right to reinstate: or (c) ~lltry ofajudgment enforcing ~s <br />Security Instrument. Those conditIons are that Borrower: (a) pays Lender all sums wlllch then would be due under this <br />Security Instrument and the Note as if no acceleration had occurred: (b) cures any default of any other covenants or <br />agreements; (c) pays all expenses incurred. . . <br />in enforcing this Security Instrument, including, but not limited to. reasonable attorneys' fees. property IOspecnon and <br />valuation fees, and other fees incurred for the purpose ofprotccting Lender's int.erest in the Propeny and ~~hts Utld~r this <br />Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender s lI11~rest m tJ1e <br />Propeny and rights under this Security Instrument, and Borrower's obligation to p~y the sums secured by thIS S~unty <br />Instrument, shall continue unchanged. Lender may require that Borrower pay such remst.atement sums and expenses III o~e <br />or more of the following forms, ~ selected by Lender; (a) cash; (b) mon~y~rd~r: (c) certlfiedch~ck, ba,nkcheck, treasurer s <br />check or cashier's check, prOVided any such check IS drawn upon an mstItutton .whose depOSits are Insured ~y a fede~1 <br />agency instrumentality or entity; or (d) Electronic Funds Transfer. Upon felllstatement by Borrower, thiS See"!Ity <br />Instru~ent and obligations secured hereby shall remain fully effective as ifno acceleration had occwred. However. this nght <br />to reinstate shall not apply in the case of acceleration under Section 18. <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 timcs with'!ut prior nOlice to Borrower. A sale ll1;ight res1;'lt <br />in a change in the entity (known as the "Loan Servicer") that collects PeriodiC Payments due under the Note and this S~unty <br />Instrument and perfomls other mortgage loan servicing obligatio~s under the Note, this Security Instrument, ll!"d Apphcable <br />Law. There also might be one or more changes of the Loan Servtcer unrelated to a sale of the Note. If there IS a change of <br />the Loan Servicer. Borrower will be given written notice oftbe change which will state the name and address of the new <br /> <br />NEBRASKA-Sinsle Family-FannIe MaeIFrcddle Mac UNIFORM tNSTRU:\tENT <br />I 2439.CV (11107) 4200244 <br /> <br />(MERS) <br /> <br />Form 3028 110 t (pag.. 6 al8 pages) <br />Crealive Thinking. Inc. <br /> <br />GOTO(oola6a89) <br /> <br />cY <br />
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