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2010053'76 13. Joint and Several Liability; Co-signers; Successors and Assigns Sound. Bonower covenants and agrees that Borrower's obligations and liability shall be )aint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Nate (a "co-signer"): (a) is co-siggning this Security Instrument onlyta mortggage, grant and epnveythe ca-signer's interest in the Property under the terms ofthis Security Instrument; (b) is not personallyabligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, mod-fy, forbear ar 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 Instrument. Borrower shall npt be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees tp such release in writing. The covenants and agreements ofthis Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 1~4. 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 afexpress authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition an the charging of such fee. Lender may not charge fees that are 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 ar other loan charges collected or to be collected in connection r~ith the Laan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessarytp reduce the charge tv the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender maychoose to make this refund by reducing the principal owed under the Nate ar by making a direct payment to Bprrpwer. If a refund reduces principal, the reduction will be treated as a partial prepayment wlthout any prepayment charge (whether yr not a prepayment charge is provided for under the Note). Borrower's acceptance ofalay such refund made by direct payment to Borrower will constitute a waiver ofany right of action Borrower might have arising out of such overcharge. lS. 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 Harrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Froperiy 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 fpr reporting 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 Instrument at any one time. Any notice to Lender shall be 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 Harrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. if an 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 jurisdiction 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 explicitlyor 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 pravislan or 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 only action. 17. Borrower's Copy. Borrower shall be liven one copy pf the Note and ofthis Security Instrument. 18. Transfer of the Property or a Benetic>lal 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 far deed, installment sales contract or escrow agreement, the intent of which is the tralisfer of title by Harrower at a future date to a purchaser. if all or any part ofthe Property or any Interest in the Property is sold ar transferred (pr if Borrower is not a natural person and a beneficial interest in Borrower 1s 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 if such exercise is prohibited by Applicable Law. 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 data the notice is given 1n accordance with Section I S 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 without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Harrower shall have the right to have enforcement ofthis 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 terminatlon of Borrower's right to reinstate; or (c) entry of a~udgment enforcing this Security Instrument. Those conditions are that Harrower: (a) pays Lender all sums which then woulld be due under this Security Instrument a,~d the Note as if np 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 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 ofthe following forms, as selected by Lender: (a cash; (b) money order; (c) certified check, bank check, treasurer's check ar cashier's. check, provided any such check is drawn upon an instltutlan whose deposits are il~sured b~y a federal agency, instrumentality or entity, or (d) Electronic Pund's"~Trarisfer. Upon ir~fnstati~rnent' by Harrower, 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 l 8. 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 to Borrower. A sale might result 1n 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 more changes ofthe Loan Servicer unrelated to a sale ofthe Nate. lfthere 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 LINIFORM INSTRUMENT (MFRS) Form 3028 1101 (page 6 of 8 pages) ]2439.CV (11/07) 03-1106 Creative Thinking, Inc. DOTD(001 fb068)