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<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 />