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200905183 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 procludo the exercise of any right ar remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrowercovenantsand agrees that Borrower's obligations and liability shall be Joint and several. ITowever, any Borrower who ca-signs this Secunty 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 terms 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 othor 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 roloaso 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. I,aan Charges. Lender may charge Borrvwor foes far services performed in connection with Borrower's default, for tho purpose of protecting bender's interest in the Property and rights under this Security Instrument, including, but not limitod to, attorneys' fees, property inspection and valuation fees. 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 prohibition on the charging of such fee. Lender may not charge fees that arc; 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 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 sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lerrdor 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 nut a prepayment charge rs grounded for under the Note). Borrower'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. 1S. Notices. All notices given by Bor ower or Lender in connection with this Security InstrumenC must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemexi to have bc~n given to Borrower when mailed by first class mail ar when actually delivered to Borrower's notice address if'sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law exprossly roquiros otherwiso. `1'he notice address shall be the Proporty 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 ono designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing ii by first class mail to Lender's address slated heroin unloss London 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 tho 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 explicitlyar implicitly allow the parties to agree by contract ar it might be silent, but such silence shall not be construed as a prohibition against aggrreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Ap phcable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given eft~ect without the conflicting provision. As used in this Security Instrument' (a) wards of the masculine gender shall mean and include corresponding noutcr words or words of tho feminine gender; (b) words in the singular shall mean and includo tho plural and vice versa; and (c) the word "may" gives sole discretion withvut any obligation to take any action. 17. Borrower's Copy. Borrowor shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Soction 18, "Interest in the Property" means any legal or boneficial interest in the Property, including, but nut limited to, those beneficial interests transferred in a band 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 any part of the Property or any Tnterost 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 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 notico shall provide a period of not less than 30 days &vm 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 invvko any remedies permitted by this Security Instrument without further notice or demand an Burrower. 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 earliost of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instnunent; (b) such other period as Applicablo Law might specify for the tormrnatron of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Thvse conditions are that Borrower: (a) pays Lender all sums which then would be duo under this Security Instrument and the Note as if na 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 not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other foes incurred for the purpose of protecting Lender's interest in tho 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 instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the fallowing 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 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. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice tv Borrower. A sale might result rn a change m the entity (known as the "Loan Servicer")that collects Periodic Payments due under the Nate and this Security NEBRASKA,--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRTJMEN'I' Fowm 3028 I/OI (page 6 af8 pages) 9754.CV (3/09) 004-306-534 Creative Thinking, Inc. UO'I'O(OOOe541 a) ~~