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~O10U4515 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 lnstrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security lnstrument; (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 ofthis 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 lnstrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. 'I"he covenants and agreements ofthis Security lnstrument shall bind (except as provided in Section 20) and benefit the successors and assigns of L.endcr. 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, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence ofexpress authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition nn the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable I,aw. if the Loan is subject to a law which sets maximum loan charges, and that law is tinally interpreted so that the interest or other loan charges collected or to he collected in connection wrth the i,oan 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 suns already collected from Borrower which exceeded permitted limits will he refunded to Borrower. Lender maychoose 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 repayment without any prepayment charge (whether of not a prepayment charge is provided 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. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Anynotice to Borrower in connection with this Security Instrument shall be deemed to have been 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 arty one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless I;orrower has designated a substitute notice address by notice to lender. Borrower shall promptly notify Lender of Borrower's change of address. if Lender specifics a procedure fur repotting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There maybe only one designated notice address under this Security lnstrument at any one time. Any notice to Lender shall he given by delivering it or by mailing it by first 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 1o have been given to Lender until actually received by Lender. If any notice required by this Security lnstrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security lnstrument. 16. Governing Law; Severability; Rules of Construction. 'T'his 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 reyuitemcnts 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 airy provision or clause ofthis Security Instrument or the Note conflicts with Applicable Law, such contlict shall not affect other provisions ofthis Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words otthe masculine gender shall mean and inchlde correspondingneuter 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 of the 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 any dart ofthe 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, header may require immediate payment in full of all sums secured by this Security lnstrument. However, this option shall oat he exercised by Lender if such exercise is prohibited by Applicable [,aw. 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 m 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 ofthis period, Lender may invoke any remedies permitted by this Security Instrument wflhout further notice or demand on Borrower. 19. Borrower's Right to Reinstate Affer Acceleration. if Borrower meets certain conditions, Borrower shall have the right to have enforcement ofthis Security Instrument discontinued at any time prior to the earliest of; (a)live days before sale of the Property pursuant to an~ power of sale contained in this Security Instrument; (b) such other period as Applicable Law. might specify for the term-natlon of BorroWCt'S right to reinstate; or (c) entry of a judgment enforcing this Security lnstrument. 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 Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation tees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security instrument; and (d) lakes 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 lnstrument, 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; (h) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is ddrawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) F,lectronic funds Transfer. Upon reinstatement by Borrower, this Security Instntment 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 Notc or a partial interest in the Nnte (together with this Security lnstrument) can he sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer")that collects Periodic Payments due under the Nole attd this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicahle Law. There also might he one ar more chauges of the Loan Servicer unrelated to a sale ofthe Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new NEBRASKA-Single Family-Fannie Mae/Freddic Mac UNIFORM INSTRUMENT (MF,RS) Form 3028 1lUl (page C of8 pages) 12439.CV (1007) 6898885040 Creative'I•hinking, Inc. C~TO(0027562b)