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201007524 <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees <br />that Borrower's obligatians and liability shall be joint and several. However, any �orrower who co-signs this Security <br />lnstrument but does not executa the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant <br />and convey the co-signer's interest in the Property under the terms ofthis Security Instrument; (b) is not personally obligated <br />to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrpwer can agree to extend, <br />modify, forbear or make any accommodations with regard to the terms ofthis Security Tnstrument or the Note without the co- <br />si�;ner's cansent. <br />Subject to the provisions of Section 18, any Successor in Interest ofBorrower who assumes Borrower's obligations <br />under this Security Cnstrument in writing, and is approved by L,ender, shall obtain all of Borrower's rights and benefits under <br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security <br />Instrument unless Lender agrees to such release in writing. The covenants and agreements ofthis Security Instrument shall <br />bind (except as provided in Section 20) and benefit the successors and assigns of Lender. <br />14. I.oan Charges. Lender may charge Borrower fees for services performed in connectian with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, <br />but not limited ta, attorneys' fees, property inspection and valuatian fees. In regard ta any other fees, the absence af express <br />authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the <br />charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicabie <br />Law. <br />If the Loan is subject to a law which sats rnaximum loan charges, and that law is finally interpreted so that the <br />interest or other loan charges collected or ta be collected in connection with the Loan exceed the permirted limits, then: (a) <br />any such loan charge shall be reduced by the amount necessary to reduce the charge to tha permitted limit; and (b) any sums <br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. I.ender may choose to make <br />this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. Ifa refund reduces <br />principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment <br />charge is provided for under the Note). Borrower's acceptance of any such refund made by direct p�yment to Borrower w�ll <br />constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All natices given by Borrower or Lender in connection with this Security Instrument must ba in <br />writing. Any notice to Borrower in connection with this Security lnstrument shall be deemed to have been given to Borrower <br />when mailed by first class mail or when actually delivered to Borrower's notica address if sent by other rneans. Notica to any <br />one Borrower shall constitute notice to all Barrowers unless Applicable Law expressly requires otherwise. The notice <br />address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. <br />Borrower shall promptly notif'y Lender of Borrower's change of address. If L,ender specifies a procedure for reporting <br />Borrower's change ofaddress, then Borrower shall only report a change ofaddress through that spccified procedure. There <br />may be only one designated notice address under this Sacurity Instrument at any one time. Any notice to L,�nder shall be <br />given by delivering it or by maiting it by first class mail to Lender's address stated herein unless I.ender has designated <br />another address by notice to Barrower. Any notice in connection with this Security Instrument shall not be deemed to have <br />been given to Lender until actually received by L,ender. If any notice required by this Security Instrument is also required <br />under Applicable Law, the Applicable Law requirement will satisfy the corresponding requ�rement under this Security <br />Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by <br />federal law and tha law of the jurisdiction in which the Aroperty is located. All rights and obligations contained in this <br />Security lnstrument are subject to any requirements and limitations ofApplicable Law. Applicable Law might explicitly or <br />implicitly allow the parties to agree by contract or it mi�;ht be silent, but such silence shall not be construed as a prohibition <br />against agreement by contract. In the event that any provision or clause ofthis Security lnstrument or the Note conflicts with <br />Applica6le L,aw, such conflict shall not affect pther provisions ofthis Security Instrument or the Note which can be �iven <br />effect without the conflicting provision. <br />As used in this Security Instrument: (a) words ofthe masculine gender shall mean and include corresponding neuter <br />words ar wards ofthe feminine gender; (b) wards in the singular shall mean and include the plural and vice versa; and (c) the <br />word "may" gives sole discretion withaut any obligation to take any action. <br />l7. Borrower's Copy. Borrower shall be given one capy afthe Note and ofthis Security Instrument. <br />18. Transfer of the Property or a Sene�ciAl Interest in Borrower. As used in this Section 18, "Interest in the <br />Property" means any legal or beneficial interest in the Praperty, including, but not limited to, those beneficial interests <br />transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhich is the <br />transfer oftitle by Borrower at a future date to a purchaser, <br />If all or any part ofthe Proparty or any Interest in the Property is sold or transferred (ar if Borrower is not a natural <br />person and a beneficial interest in Borrower is sold or transfcrred) without Lender's prior wrirten consent, Lender may <br />require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be <br />exercised by Lender if such exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shal I give Borrower notice of acceleratian. 1fie notice shall provide a period <br />of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay al I <br />sums secured by this Security Instrument. tf Borrower fails to pay these sums prior to the expiration ofthis period, Lender <br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, <br />19. Borrowew's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall <br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) frve days <br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as <br />Applicable Law might spec�fy for the termmation of Borrower's right to reinstate; or (c) entry af a judgment enforcing this <br />Security Instrument. Those conditions are that Borrower: (a) pays C.ender all sums which then would be due under this <br />Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or <br />agreements; (c) pays all expenses incurred <br />in enforcing this Security Instrument, including, but nat limited to, reasonable attoeneys' fees, property inspection and <br />valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument; and (d) takes such action as Lend�r may reasonably require to assure that Lender's interest in the <br />Property and ri�hts under this Security Instrument, and Borrower's abligation to pay the sums secured by this Security <br />lnstrument, shall continue unchanged. Lender may requirc that Borrower pay such reinstatement sums and expenses in one <br />or more ofthe following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's <br />check or cashier's check, prov�ded any such check is drawn upon an institution whose deposits are insured by a federal <br />agency, instrumentality or entity; or (d) Electronic Punds Transfer. Upon reinstatement by Borrower, this Security <br />lnstrument and obligations secured hereby shall remain fuqy effective as if no acceleration had occurred. However, this ri�ht <br />to reinstate shall not apply in the case of acceleration under Sectian 18, <br />20. Sale of Note; Change of Loan Scrvicer; Notice of Grievance. The Note or a partial interest in the Note <br />(tagether with this Security lnstrument) can be sold one or more times without prior notice to Borrower. A sale might result <br />in a change in the entity (known as the "L.oan Servicer") that collects Periodic Payments due under the Note and this Security <br />lnstrument and performs other mortgage loan servicing obligations under the Note, this 5ecurity Instrument, and Applicable <br />Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale pfthe Note. Ifthere is a change of <br />the Loan Servicer, Borrower will be given written notice of the change which will state the nama and address ofthe new <br />NEBRASKA--Single Family—Fannie M�e/Freddie Mac LINIFOI2M INSTRLJMF.NT (MER5) <br />12439.CV (1/08) 904495 <br />Norm 3028 1/Ol (page 6 of8 pages) <br />Creative Thinkin�;, Inc. <br />(iOTQ(D012cdf I ) <br />J{.iW�_ <br />