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200901401 or rights under this Security Instrument. BOrrower can cure such a def,lUlt and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceedin~ to be dismissed with a ruling that, in Lender's judgment, precludes forfeitme of the Property or other materiallmpainnent of Lender's interest in the Property or rights under this Security lnstntment. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the timeforpaynlent or modification of amortization of the swns secured by this Security Instnunent granted by Lender to BolTower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in hltere'lt of Borrower. Lender shall not be required to commence proceedinss against any Successor inhlterest ofBolTOwer or to refuse to extend time for payment or othenvise modifY amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of BOlT ower. Anyforbearance by Lender in exercising any right 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. BOlTOwer covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs tbis Security Instrwnent but does not execute the Note (a "co*signer''): (a) is co.-signing this Security hlbtrwnent only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the SUlUS 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 ofthis Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in hlterest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all ofBolTower's ri~.hts and benefits under this SeclU"ity Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender a~es to such release in writing. The covenants and agreements ofthis Security Instnunent shall bind (except as proVlded in Section 20) and benefit the successors and assigns ofJ_cnder. 14. Loan Charges. Lender may charge Borrower tees fur services performed ill connection with Borrower's default, for the puwose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not hmited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authoritv in this Security Instrument 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. Uthe Loan is subject to a law which sets maximUtllloall charges, and that law is tinally 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. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepa}Tllent charge (whether or not a prepa}Tllent charge is provided for under the Note). BmTower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices ~iven by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower 111 connection with this Security InstrumCTIt shall be deemed to have bt:en given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address jf sent by other means. Notice to anyone Borrower shall constitute notice to all BolTowers unless Applicable Law expressly requires otherwise. The notIce address shall be the Property Addresswlless Borrower bas designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender ofBorcower's change of address. If Lender specifies a procedure for reporting Borrowcr's change of address, then Borrower shall only report a change of address through that specified procedure. There mar be only one designated notice address under tilis Security Instrument at anyone tlme. Any notice to Lender shaI be given by delivering it or by mailing it by fll'st class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any noticc in connection with this Secmity 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 cOlTesponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instmment shall be governed by tederallaw and the law ofthe jurisdiction 111 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 a~ainst 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 Instnunel1t or the Note which can be given effect without the conflicting provision. As used in this Security Instrument (a) words of thc masculine gender shall mean and include corresponding neuter words or words of tbe 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 eopy of the Note and ofthis Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in tills 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, COlltract 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 any part 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 pa)2llent in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercise is yrohibited by Applicable Law_ If Lender exercises this option, Lender shat 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 BOf!-"o~er must pay a~1 sums secured by this Security Ins~:rt.1ment.. If Borro~er fails .to pay these su~s prior to the expiration of thiS penod, Lender may tnvoke any remedies penmtted by thIS SecW1ty Instrument WIthout fw1her 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 of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale ofthe Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a NEBRASKA--Single Family-Fauuie MaelFreddle Mae UNIFORM INSTRUMENT 17211CV (3/06) 03-1064 Form 3028 1101 (page 6 of 8 p.lg"S) Creative Tlliaklng, Ine. OOTO( I~) 1460,,)