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2oioo�539 <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees <br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security <br />Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant <br />and convey the co-si�;ner's interest in the Property under the terms ofthis Security Instrument; (b) is notpersonally obligated <br />to pay the sums secured by this Security instrument; and (c) agrees that Lender and any other Borrower can agree to extend, <br />modify, forbear or make any accommodations with regard to the terms afthis Security Instrument or the Note without the co- <br />signer's consent. <br />Su6ject to the provisions of Section 18, any Successor in Interest ofBorrower who assumes Borrower's obligations <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bnrrower's rights and benefits under <br />this Security Instrument. Borrower shall npt be released from Borrower's obligations and liability under this Security <br />Instrument unless I.ender agrees to such release in writing. The covenants and agraements ofthis Security Instrumettt shall <br />bind (except as provided in Section 20) and benefit thc successars and assigns of I,ender, <br />l4. Loan Charges. Lender may charge Borrower fees for services performed in cannection with Borrower's <br />default, for the purpose of pratecting Lender's interest in the Property and rights under this Security Instrument, including, <br />but not limited to, attorneys' fees, property inspectian and valuation fees. 1n regard to any other fees, the absence of 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. L,ender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable <br />Law. <br />If the Loan is subject to a law which sets maximum lpan charges, and that law is finally interpreted so that the <br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) <br />any such loan charge shall be reduced bythe amount necessary to reduce the charge to the permitted limit; and (b) any sums <br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender maychoose to make <br />this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a 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). Borrawer's acceptance of any such refund made by direct paymettt to Borrower will <br />constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Borrower in connectian with this Security Instrument shall be deemed to have been �iven to Borrower <br />when mailed by first class mail or when actual ly delivered to Borrower's notice address if sent by other means. Notice to any <br />one Borrower shall constitute notice to all Borrawers unless Applicable Law expressly requires otherwise. The notice <br />address shall be the Aroperty Address unless Borrower has designated a substitute notice address by notice to L,ender. <br />Borrawer shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reportin�; <br />Borrower's change ofaddress, then Borrower shall only report a change ofaddress throu�h that specified procedure. There <br />may be only one desi�nated notice address under this Security Instrument at any one time. Any notice to Lender shall be <br />given by delivering it or by mailin� it by first class mail to Lender's address stated herein unless Lender has designated <br />another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have <br />been given to 1.ender until actually received by Lender. If any notice required by this Security Instrument is also required <br />under Applica6le Law, the Applicable Law requirement will satisfy the correspondin� requirement under this Security <br />Instrument. <br />16. Governing Law; Severability; Rules of Constructian. This Security Instrument shall be gaverned by <br />federal law and the law of the jurisdiction in which the Aroperty is located. All rights and abli�ations contained in this <br />Security Instrument are subject to any requirements and limitatians of Applicable Law. Applicable Law might explicitly or <br />implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition <br />agamst agreement by contract. In the event that any prav�s�an or clause ofthis Security Instrument or the Note conflicts with <br />Applicable l.aw, such conflict shall not affect ather provisions ofthis Security Instrument or the Note which can be given <br />effect without the canflicting provision. <br />As used in this Security lnstrument: (a) words ofthe masculine gender shall mean and include corresponding neuter <br />words or words ofthe feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the <br />word "may" gives sole discretion without any obligation to take any action, <br />17. Borrower's Copy. Borrower shall be given one copy ofthe Note and nfthis Security Instrument. <br />18. Transfer of the Property ar a Bene�cial interest in Borrower. As used in this Section 18, "Interest in the <br />Propert�' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests <br />transferred in a bond for deed, contract fpr deed, installment sales cantract or escrow agreement, the intent ofwhich is the <br />transfer of title by Borrawer at a future date to a purchaser, <br />!f al I or any part ofthe Property or any Interest in the Property is sald or transferred (or if Borrower is nat a natural <br />person and a benefic�al interest in Borrower is sold ar transferred) w�thout L.ender's prior written consent, Lender may <br />require immediate payment in full af all sums secured by this Security Instrument. However, this optian shall not be <br />exercised by Lender if such exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrawer notice of acceleration. The 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 all <br />sums secured by this Security Instrument. lf Borrower fails to pay these sums prior to the expiration ofthis period, L.ender <br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />19. Borrower'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) five days <br />before sale of the Property pursuant ta an� power of sale contained in this Security Instrument; (b) such other period as <br />Applicable Law might spec�fy for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcin�; this <br />Security Instrument. Those cottditians are that Borrower: (a) pays Lender 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 ar <br />agreements; (c) pays all expenses incurred <br />in enfarcing this Security Instrument, including, but not limited to, reasonable attornays' fees, property inspection and <br />valuation Fees, and vther fees incurred for the purpose of protecting L,ender's interest in the Property and rights under this <br />Security lnstrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the <br />Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security <br />Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one <br />or more oFthe fnllowing forms, as selected by i.ender: (a) cash; (b) mnney 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 depasits are insured by a federal <br />agency, instrumentality or entity; or (d) Electranic Funds Transfer. Upon reinstatement by Borrower, this Security <br />Instrument and obligat�ons secured hereby shall remain fully effective as ifno acceleration had occurred. Howevar, this ri�;ht <br />to reinstate shall not apply in the case of acceleration under Section 1$. <br />20. Sale of Note; Change of Lo�n Serviccr; Notice of Grievance. The Note or a partial interest in the Note <br />(together with this Security Tnstrument) can be sold one or more times without prior notice to Borrower. A sale might result <br />m a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under thc Note and this Security <br />Instrument and perfarms other mortgage lnan servicing obligations under the Note, this Security Instrument, and Applicable <br />Law. There also might be one ar mare changes ofthe Loan Servicer unralated to a sale ofthe Note. Ifthere is a change of <br />the Loan Servicer, Sorrower will be given written notice of the change which will state the name and address of the new <br />NEBItASKA--Single I�amily--Fannie Mae/Freddie Mac UNIFORM INSTRUMEN't (MF,RS) <br />12439.CV (l/08) 904314 <br />I'arm 3028 1/01 (page b of 8 pages) <br />Creativc'1'hinking, Inc. <br />GOTp(0012f663) <br />% � <br />