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2oioo9sii <br />13. J'oint and Several Liability; Co-signers; Successors and Assigns Bound. Barrower covenants and agrees <br />that Borrower's obligations and liability shall be joint and several. Hnwever, any Borrower who co-signs this Security <br />Instnament but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument anly to mortgage, grant <br />and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated <br />ta pay the sums secured by this Security Instrurnent; and (c) agrees that L.ender and any other Borrawer can agree to extend, <br />modify, forbear or make any accommodations with regard to the terms af this Security Instrument or the Note without the co- <br />signer's consent. <br />Subject to the provisions of Section 1 S, any Successor in Interest of Borrawer who assumes Borrower's obligations <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all ofBorrower's rights and bene8ts under <br />this Security Instrument. Borrower shall not be released fram Borrower's obligations and liability under this Security <br />Instrument unless T..ender agrees to such release in writing. The covenants and agreements of this Security Instxument shatl <br />bind (except as provided in Section 20) and benefit the successors and assigns of I,ender. <br />14. Loan Charges. I.ender may charge Borrower fees for services performed in connection with Barrower's <br />default, far the purposs af protecting 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. In regard to any ather fees, the absence of express <br />authority in this Security Inshument to charge a specific fee ta Borrower shall not be construed as a prahibitian on the <br />charging of such fee. Lender may nat 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 ather 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 arnount necessary to reduce the charge to the pernutted limit; and (b) any sums <br />already colle�ted from Borrawer which exceeded permitted limits will be refunded to Borrower. Lender maychoose to rnake <br />this �+efund by reducing the principal owed under the Nnte 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). Borrower's acceptance of any such refund made by direct payment to Borrower w►11 <br />constitute a waiver of any right of actipn Borrower might have arising out ofsuch overcharge. <br />1S. 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 5ecurity 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 b� other means. Nodce to any <br />one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly reqwres otherwise. The npticc <br />address shall be the Property Address unless Borrower has des�gnated a substitute notice address by notice to Lender. <br />Bvrrower shall promptly notify I.ender of Barrower's change of address. If Lender 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 />rnay be anly one designated notice address under this 5ecurity Instrument at any one time. Any notice to Lender shall Ue <br />given by delivering it or by rnailing it by fxrst class mail to I..ender's address stated herein unless Lender has designated <br />another address by notice to Borrowcr. Any notice in connection with this Security Instrument shall not be deemed to have <br />been given to I.ender until actually received by Lender. If any natice required by this Sccurity Instrument is alsa required <br />under Applicable Law, the Applicable Law requirernent will satisfy the corresponding requirement under this Security <br />Instniment. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by <br />federal law and the law of the �urisdiction in which tha Property is located. All rights and obligations contamed in this <br />Security Instrument are subject to any requirements and limitations ofApplicable Law. Applicable Law might explicitlyor <br />implicitly allpw the parties to agree by contract or it rnight 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 canflicts with <br />Applicable Law, such conflict shall not affect ather provisions of this Security Instrument or the Note which can be given <br />effect without tl�e conflicting provision. <br />As used in this Security Instrumant: (a) words ofthe masculinc gender shall mean and include corr�ponding neuter <br />words or words of the 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 Instrument. <br />18. Transfer af the Property or a Beneficial Interest in Barrower. As used in this Sechon 18, "Interest in the <br />T'roperty�' 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 or escrow agreement, the intent of which is the <br />transfer of title by Ba►rower at a future date to a purchaser. <br />If all or any �art of the Properry or any Tnterest in the Property is sold or transferred (ar if Borrower is not a natural <br />person and a beneficial interest in Borrower is sold or transfenred) without Lender's prior written cansent, Lender may <br />require irnmediate payment in full of all sums secured by this Security Instrument. However, this option shall not be <br />exercised by Leader if such exercise is prohibited by Applicable I.aw. <br />If Lender exercises this option, L,ender shall give Horrower notice of accelaration. 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 SecurityTnstrument. IfBorrower fails to pay these sums prior to the expirativn ofthis period, I.ender <br />may invoke any remedies pernutted by this Security Instrument w�thaut further notice ar demand on Borrower. <br />19. Borrower's Right to Reinstate After Aceeleration. If Borrower meets certain condition� Borrower shall <br />have the right to have enforcement of this Security Instrument discontinued at any time priar to the earliest of; (a) five days <br />before sale of the Praperty pursuant to an� power of sale contained in this Security Instrument; (b) such other period as <br />Applicable Law might specify for the termmat�on af Borrower's right to reinstate; or (c) entry of a judgment enforcing this <br />5ecurity Instrument. Those conditions ar� that Borrower: (a) pays Lender all sums which then would be dus under this <br />Security Instxument 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 enfarcing this 5ecurity Instrument, including, but nat lirnited to, reasonable attomeys' fees, property inspection and <br />valuation fees, and other fees incurred fir the purpose of protecting Lender's interest in the Property and nghts under this <br />Security Instrurnent; and (d) takes such action as I.ender 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 unchangcd. I.ender may require that Borrower pay such reinstatement sums and expenses in one <br />or more of the fallowing forms, as selected by Lender: (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 mst�tution whose deposits are insured by a Federal <br />agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrow�r, this Security <br />Instiument and obligations secured hereby shall remain fullyeffective as ifno acceleration had occurred. However, this right <br />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 <br />(together with this Security Instnunent) can be sold one or more tirnes withoutprior notice to Borrower. A sale might result <br />in a ohange in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security <br />Instrucnent and performs other martgage loan servicing obligations under the Note, this Securiry Instrumen� and Applicable <br />Law. There also nnight be one or more changes of the Loan Servicer unrrelated to a sale of the Note. If there is a change oF <br />the Loan Servicer, Borrower will be given wntten notice of the change which will state tha name and address of the new <br />NEBRASKA—Single Family--Fannie Mae/Freddie Mac UNIFQRM INSTRUMENT <br />12439.CV (1/O8) 904043 <br />(MERS) Form 3028 U01 (page 6 of 8 pages) <br />Creative Thinking, Ine. <br />GpTO(00142529) <br />�� <br />