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<br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bortower cnvenants 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-signer's interest in the Property under the terms ofthis Securiry Instrument; (b) is not personalayobligated
<br />to pay the sums secured by this Security Instrurnent; and (c) agrees that I..ender and any other Borrower can agree to extend,
<br />rnod�fy, forbear or make any accommodations with regard to the terms of this Securiry Instrument or the Note withaut the ca
<br />signer's consent.
<br />SubjeCt 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 Borrower's rights and benefits under
<br />this Security Instrument. Borrower shall not be released from Borrnwer's obligations and liabiliry under this Security
<br />Instrument unless Lender agrees to such releas� in writing. The covenants and agreements ofthis Security Instrument sha[l
<br />bind (except as prnvided in Section 20) and benefit the successors and assigns ofLender.
<br />14. C.oan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
<br />default, for the purpose ofprotecting L.ender's interest in the Property and rights under this Security Instrument, including,
<br />but not limited to, attorneys' fees, property 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 Borrawer 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 />I.aw.
<br />If the Loan is subject to a law which sets maximum loan char�es, and that law is finaily interpreted so that the
<br />interest or other loan charges collected ar to be collected in connection wrth 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 lirnit; and (b) any surns
<br />already collected from Borrower which exceeded permitted limits will be rafunded to Borrower. Lender maychoose to make
<br />this refund by reducing the principal owed under the Nnte or by making a direct paymeet to Borrower. If a refund reduces
<br />principal, the reductior► will be treated as a partial �repayment 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 payment to �onrower will
<br />constitute a waiver of any right of actinn Bdrrower might have arising out af 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 connection with this Security Instrument shall be deemed to have been given to Borrower
<br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any
<br />one Bnrrower shall constitute notice tn all Borrowers unless Applicable Law expressly requires otherwise. The notice
<br />address shall be the Property Address unless Borrower has designated a substitute notice address by nntice to Lender.
<br />Borrower shall promptly notify (...ender of Borrower's change af address. If L.ender specifies a procedure for reporting
<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 Security Instrument at any one time. Any notica to Lender shall ba
<br />given by delivering it or by mailing 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 connectian with this Security Instrument shall not be deemed to have
<br />been given to L.ender until actuall� received by Lender. If any notice required by this Security Instrument is also required
<br />under Applicable Law, the Applicable I.�w requirement will satisfy the carrespanding requirernent under this Security
<br />Instrument.
<br />16. Governing Law; Severability; Rules of Construction. "T'his Security Instrument shall be governed by
<br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this
<br />Securiry Instrument are subject to any requirements aed limitations ofApplicable 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 />against agreement by contract. In the event that any provision or clause ofthis Security Instrument or the Note conflicts with
<br />Apphcable Law, such conflict shall not affect other provisions ofthis 5ecurity Instrument or the Note which can be given
<br />effect without the conflicting provision.
<br />As used in this Security Instrurnent: (a) wbrds ofthe rnasculine gender shall mean and include corresponding neuter
<br />words or words ofthe feminine gender; (b) words in the singular shall meae and include the plural and vice versa; and (c) the
<br />ward "ma�' gives sole discretion without any obligation to take any action.
<br />7. Borrower's Copy. Borrower shall be given one copy ofthe Note and ofthis Security Instrument.
<br />1S. Transfer of the Property or a Bene�eial Interest in Borrower. As used in this Sect�on 1$, "Interest in the
<br />Prnpert�' 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 for deed, installment sales contract ar escrow agreement, the intent ofwhich is the
<br />transfer of title by Borrower at a future date to a purchaser.
<br />If all or any �art ofthe Property or any Interest in the Property is sold or transferred (or ifBnrrnwer is not a natural
<br />person and a benefiaal interest in Borrower �s sold or transferred) without Lender's prior written consent, Lender may
<br />require immediate payment in full of ali 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 />lf Lender exercises this option, Lender shall give Bnrrower notice ofacceleration. The notice shall provide a period
<br />oFnot 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. If $orrower fails tn pay these sums prior to the expiration ofthis period, Lender
<br />may invoke any remadies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right ta Reinstate After Acceleration. If Borrower meets certain conditinns, 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 any power of sale contained in this Security Instrurnent; (b) such other period as
<br />Applicable Law might specify for the termmation of Borrower's right to reinstate; or (c) entry of � judgrnent �nforcing this
<br />Securiry Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then wou�d 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, prnperty 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 Lendar may reasonably require to assure that I.ender's interest in the
<br />Property and rights under this Security Instrument, and Borrower's nbligation to pay the sums secured by this Security
<br />lnstrument, shall continue unchanged. I,ender may require that Borrower pay such reinstatement sums and expenses in one
<br />or more of the following forms, as selected by Lender: (a) cash; (b) maney order; (c) certified check, bank check, treasurer's
<br />check or cashier's check, provided any such check is drawn upon ae inst�tution whase deposits are insured by a federal
<br />agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occucred. However, this right
<br />to reinstate shall not apply in the case of acceleration under Sectinn 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievaece. 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 />I..aw. There also might be one or more changes oFthe L.oan Servicer unrelated to a sale ofthe Note. Ifthere is a change of
<br />the Loan Servicer, Borrower will be given wr�tten notice ofthe change which will state the name and address ofthe new
<br />NEBRASKA-5ingle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS)
<br />12439.CV (1/08) 91172FA
<br />�'orm 3p29 1/01 (page 6 of8 pagesJ
<br />Creative Thinking, Inc.
<br />GOT'O(OOOae841)
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