|
�oioo9o4i
<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. F�owever, 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-signer's interest in the Property under the terms of this Security Instrument; (b) is notpersonallyobhgated
<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 ta the terms of this Security Instrument or the Note without the ca
<br />signer's consent.
<br />Subject to the provisions of Section 18, any Successor in Interest ofBarrower who assumes $orrower's obligations
<br />under this Security Instrument in writing, and is approved by I.ender, shall obtain all ofBorrower'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 of this Security Instrument shall
<br />bind (except as provided in Section 20) and benefit the successors and assigns of I.ender.
<br />14. Loan Charges. T.ender rnay charge Borrower fees for servrces performed in connection with Borrower's
<br />default, for the purpose of protecting I.ender's interest in the Praperty and rights under this Security Instrument, including,
<br />but not limited to, attorneys' fees, properry inspection and valuation fees. In 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. Lender 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 loan 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 by the 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 may choose 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 wrthout any prepayment charge (whether or not a prepayment
<br />charge �s provided for under the Note). Aorrower's acceptance of any such refund made by direct payment to Borrawer will
<br />constitute a waiver of any right of act�on Borrower might have arising out of such overcharge.
<br />] 5. Notices. All notices given by Borrower or Lender in connection with this Securiry Instrument must be in
<br />writing. Any notice to $orrower in connection with this Security Instrument shall be deemed to have been given to Borr'ower
<br />when mailed by first class mail or when actually delivered to Borrower's natice address if sent by other means. Notice to any
<br />one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requ�res otherwise. `I'he notice
<br />address shall be the Property Address unless Borrower has designated a substitute notice address by notice to L.ender.
<br />Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reportin�
<br />Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There
<br />may be only one designated notice address under this Secunty Instrurnent at any one time. Any notice to Lender shall be
<br />given by delivering it or by mailing it by first class mail to Lender's address stated herein unless I.ender 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 Lender until actua1ly received by Iender. If any notice required by this Security Instrument is also required
<br />under Applicable I.aw, the Applicable L�w requirement will satisfy the corresponding requ�rement under this Security
<br />Inskniment.
<br />16. Governing Law; Severability; Rules of Construction. This Security Instntment shall be governed by
<br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations conta�ned in this
<br />Security Instrument are subject to any requirements and limitatians afApplicable Law. Applicable Law might explicitly or
<br />implicitly allow the parcies to agree by contract or it might 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 of this Security Instrument or the Note conflicts with
<br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given
<br />effect without the conflicting provision.
<br />As used in this Securtty Instrument: (a) words of the masculine gender shall rnean 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 of the Note and of this Security Tnstrument.
<br />18. Transfer af the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
<br />Propert�' means any legal or beneficia1 interest in the Property, rncluding, 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 of which is the
<br />transfer of title by Sorrower at a future date to a 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
<br />person and a beneficial interest in Borrow�r �s sold or transferred) without Lender's prior written 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 L.ender exercises this option, Lender shall give Borrower notice of acceleration. The notrce shall provide a period
<br />of not less than 30 days from the date the notice is given m accordance with Section 15 within which Borrower must pay all
<br />surns secured by this Security Instrument. IFBorrower fails to pay these sums prior to the expiration ofthis perio d, Len der
<br />may invok� any remedies permitted by this Security Instrument without further notice or dernand on Borrower.
<br />19. Sorrawer's Right to Reinstate After Acceleratian. 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 to an� power of sale contained in this Security Instrument; (b) such other period as
<br />Applicable I..aw might specify for the termmation of Borrower's right to reinstate; or (c) entry of a)udgment enforcin� fhis
<br />Security Instrument. Those conditions ar� chat 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 or
<br />agreements; (c) pays all expenses incurred
<br />in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and
<br />valuation fees, and other fees incurred far thc purpose of protecting Lender's interest in the Property and rights under this
<br />Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's mterest 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 remstatement sums and expenses in one
<br />or rnore of the following forms, as selected byLender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's
<br />check or cashier's check, provided any such check is drawn upon an inst�tution whose deposits are insured by a federal
<br />agency, instcumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured hereby shall rernain fully effective as if no acceleration had occurred. However, this right
<br />to reinstate shall not apply in the case of acceleration under Section 1 S.
<br />20. Sale of Note; Change of Lo�n Servicer; Notice of Grievance. The Note or a partial interest in the Note
<br />(together with this Security Instrument) 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 "Loan Servicer") that collects Periodic Payments due under the Note and this Security
<br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable
<br />�aw. There also might be one or more changes of the I.oan Servicer unrelated to a sale of the Note. If there is a change of
<br />the L.oan Servicer, Borrower will be given wr�tten notice of the change which will state the name and address of the new
<br />N�BRASKA—Single Family--Tannic Mae/Freddie Mac UNIFORM iN$TRUMENT (MER5)
<br />12439.CV (1/08) 904737
<br />Form 3028 1/pl (page 6 of 8 pages)
<br />Creative Thinking, Ine.
<br />GOTO(0013d989)
<br />'� � 1 �1
<br />
|