|
<br /> RE-RECORDED
<br />
<br /> 201008260 201007985
<br /> Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property
<br /> under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)
<br /> agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of
<br /> this Security Instrument or the Note without the co-signer's consent.
<br /> Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this
<br /> Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument.
<br /> Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release
<br /> in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the
<br /> successors and assigns of Lender.
<br /> 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the
<br /> purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys'
<br /> fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to
<br /> charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are
<br /> expressly prohibited by this Security Instrument or by Applicable Law.
<br /> 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
<br /> charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced
<br /> by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
<br /> permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by
<br /> making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
<br /> prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made
<br /> by direct payment to Borrower will 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 writing. Any notice to
<br /> Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
<br /> when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all
<br /> Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has
<br /> designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If
<br /> Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that
<br /> specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender
<br /> 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
<br /> address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender
<br /> until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable
<br /> Law requirement will satisfy the corresponding requirement under this Security Instrument.
<br /> 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law
<br /> of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any
<br /> requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
<br /> might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or
<br /> clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security
<br /> Instrument or the Note which can be given effect without the conflicting provision.
<br /> As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or
<br /> words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole
<br /> discretion without any obligation to take any action.
<br /> 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
<br /> 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means
<br /> any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract
<br /> 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
<br /> purchaser.
<br /> If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a
<br /> beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full
<br /> of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
<br /> Applicable Law.
<br /> If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than
<br /> 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security
<br /> Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
<br /> 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 have the right to
<br /> have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property
<br /> pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the
<br /> termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
<br /> Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;
<br /> (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including,
<br /> but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting
<br /> Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to
<br /> assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by
<br /> this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or
<br /> more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
<br /> check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or
<br /> (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully
<br /> effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
<br /> 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this
<br /> 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
<br /> the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
<br /> servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
<br /> Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which
<br /> NEBRASKA -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERE Form 30 v
<br /> Page 6 of 8
<br /> ios, inc. Borrower(s) Initials
<br />
|