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2oioo5o~2 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 "ca-signer"): (a) is cv-signing this Security ]nstrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms ofthis Security Instrument; (b) is not personal yobligated to pay the sums secured by this Security Instrument; and (c) agrees that lender and any other Harrower 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 tv the provisions of Section 18, any Successor in Interest of Harrower 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 release in writing. The covenants and agreements of this Security Instrument sha(1 bind (except as provided in Section 20) and benefit the successors and assigns of lender. 1.4. Loan Charges. Lender may charge Harrower 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 afexpress authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the ~Wging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable 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 ar tv 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 Horrower which exceeded permitted limits will be refunded to Borrower. Lender m~aychoose to make this refund by reducing the principal owed under the Nate ar by making a direct payment to Harrower, if a refund reduces principal, the reduction will be treated as a partial repayment without any prepayment charge (whether or 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 put of such overcharge. 1S. Notices. 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 by 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 Harrower has designated a substitute notice address by notice to Lender. Harrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure far reporting Harrawer's change of address, then Borrower shall only report a change afaddress through that specified procedure. There maybe only one designated notice address under this Security instrument at any one time. Any notice to Lender shall be given by delivering it ar by mailing it by first class mail to lender's address stated herein unless Lender has designated another address by notice tv Horrower. 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 the ~urisdictian in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations ofApplicable 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 ar clause ofthis Security instrument or the Note conflicts with Applicable Law, such conflict 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 ofthe 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 ofthis Security instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 1.8, "Interest in the Property" means an 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 yr escrow agreement, the intont ofwhich is the transfer of title by Borrower at a future date to a purchaser. If all or any part 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 Horrower is sold or transferred) without Lender's prior written consent, Lender may require immediate pa ent in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender tf such exercise is prohibited by Applicable Law. if Lender exercises this option, Lender shat l give Harrower 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 Harrower fails to pay these sums prior to the expiration ofthis period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Horrower. 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 any time prior to the earliest af: (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 judgment enforcing this Security Instrument. 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 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 Horrvwer'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 inane or mare ofthe following 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 instrtutian whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Horrower, this Security instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall npt apply in the case of acceleration under Section 1$. ~,_ _ _ ~_: --_-:~~xitt~I,iotr, •E~ta~gs-af ~afl 9en*t~c~er; I~T+atiee of Grlevtince. The Note or a partial interest in this Note (together with this Security Instrument) can be 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 Nate and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or mare changes ofthe Loan Servicer unrelated to a sale ofthe Note. If there is a change of the Loan Servicer, Borrower will be given written notice ofthe change which will state the name and address ofthe new NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MFRS) Form 3028 1/Ol (gage 6 of 8 gages) I2a39.CV (11/07) 03-1109 Creative Thinking, Inc. GOTO(OO i f6c2a)