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2011Q0249
<br />or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
<br />lnterest nf Borcower or in
<br />amounts less than the amount then due, shall not he a waiver of or preclude the exercise nf any right or remedy.
<br />13. Joint and Several Liability; Co-signers; Successurs and Assigns Bound. Bonrowercovenants andagees
<br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Securiry
<br />Instrument but does nnt execute the Note (a "co-signer"): (a) is casigning this Secudty Instrument only lo mortgage, grant
<br />and convey the co-signer's interest in the Property under the terms ofthis Security Instrument; (b) is not personallyobligated
<br />to pay the sums secured by this Security Instrument; and (c) agrees that I.ender and any other Borrower can agree to extend,
<br />modify, forbear or make any accommodations with regard to the terms ofthis Securiry Instrument or the Note wrthoutthe co-
<br />signer's consent.
<br />Subj ect tn the provisions o£ Section 18, 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 of Borrower's rights and bene5ts under
<br />this Security Insmunent. Borrower shall not be released from Borrower's obligations and liability under this Secunty
<br />Instnunent unless Lender agrees to such release in writing. The covenants and ag�eements of tivs Security Instrument shall
<br />bind (except as provided in Section 20) and benefit the successors and assigns oF Lender.
<br />14. Loan Charges. Lender may chazge Borrower fecs 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. ln regard to any other fees, the absence ofexpress
<br />authority in this Security lnstrument to chazpe a specific fee to Borrower shall not be construed as a prohibition on the
<br />charging of such fee. I.ender may not charge Yees that are exp�ssly prohibited by this Security Instrument or by Applicable
<br />L,�w.
<br />if the I,oan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
<br />interest or other loan chazges collected or to be collected in connection with tha I.oan axceed the permitted i�mits, 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 swns
<br />already collected from Borrnwer which exceeded permitted limits will he refunded to Borrower. Lendermay chouse w make
<br />this refund by reducing the principal owed under the Note or by making a direct payment to 13orrower. If a refund reduces
<br />principal, the reduction will he treated as a partial prepayment without any prepayment chazge (whether ornot a prepayment
<br />charge �s provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrowerw�ll
<br />cnnstitute a waiver of any right of action Soaower mi$ht have ar�sing out of such overcharga.
<br />15. Nutices. AU notices given by Borrower or Lender in connection with this Security Instrument must bc in
<br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been givento Borrower
<br />when mailed hy first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to arry
<br />one Borrower shall constitute notice to all Borrowers unless Applicahle Law expressly requires otherwise. The notice
<br />address shall be the Property Address unless Aorrower has designated a suhstitute notice address by notice ta Lender.
<br />Borrower shall promptly notify Lender of Borrower's change of add�ss. If Lznder specifles a procedwe for repnrting
<br />Borrower's changc of address, then Borrnwer shall only repon 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 notice to Lender shall be
<br />given by delivering it or by mailing it by first class mail to I.ender's address stated herein unless Lender has designated
<br />another address by notice to Boaower. Any nptice in conneccion with this Security Instrument shall not be deemed to have
<br />been given to Lender until acmally received by Lender. IP any notice required by this Security lnsmiment is also required
<br />under Applicable Law, the Applicable Law requirement will satisfy the correspondmg requirement under this Security
<br />Instrument.
<br />16. Gnverning Law; Severability; Rules of Construction. This Securiry Instn�ment shall be governed by
<br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contamed in this
<br />Securiry Instrument are suhject to any requirements and limitations of�Applicable Law. Applicable L,aw mighC 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 />agamst agreement by contract. In the event that any provas�on or clause of this Security Instrument or thc Note conflicts with
<br />Applicable Law, such conilict shall not a8ect other prnvisions ofthis Security Instrument or the Note which can be given
<br />effect without the conRicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include conresponding neuter
<br />words or words of the feminine gender; (b ) words in the singulaz 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 cvpy nf the Note eind of this Securiry Instrument.
<br />18. TrausSer uf the Pruperty or a Beneficial Interest in Rorrower. As used in this Section 18, "Interest inthe
<br />Property" means any legal or beneficial interest in the Property, including, but not limited tq those beneficia] 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 nf title by Borrower at a future date to a pwchaser.
<br />If all or any part ofthe Property or any Interest m the Property is sold or transferred (or if E3orrower is not a natural
<br />person and a beneflcial interest in Borrower is sold or transferred) without I,ender's prior wdtten consent, Lender may
<br />require immediate payment in full of all sums secured by this Security Instrument. klowever, this option shall not be
<br />exercised by Lender �f such exercise is prohibited by Applica6le Law.
<br />If Lender exercises this option, Lender shall give Borrawer notice uf acceleration. The notice sh�ll provide apenod
<br />of not less than 30 days frorn the dafe the notice is given m accordance with Section 15 within which Borrower must pay all
<br />sums secured 6y this Security Instrument. If Borrower fails to pay these sums prior to the expiration ofthis period, Lender
<br />may invoke any remedies permitted by this Security Instrument without fwther notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall
<br />have the right to have enforcement of this Security Instrument discnntinued at any time prior to the earliest of: (a) five days
<br />befnre sale of the Property pursuant to any power of sale contained in this Securiry Instrument; (b) such other penod as
<br />Applicable I.aw might specify For the termmahon ofBorrower's right tn reinstate; ur (c) entry of ajudgment enforcingthis
<br />Security lnstrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this
<br />Security Tnstrument 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 tkus Security lnstrument, including, but not limited to, reasnnable attvmeys' fees, propeny inspection and
<br />valuation fees, and other fees incurred for the purpose of protectin$ I.ender's interest in the Property and nghts under this
<br />Secunty Insmunent; and (d) takes such action as I.ender may reasnnably require to assure that Lender's mterest in the
<br />Property and rights under this Securiry Instrument, and Borrower's obligation to pay the sums secwed hy this Security
<br />Instrument, shall continue unchanged. l.ender may require that Borrower pa,y such remstatement sums and expenses in one
<br />or more of the following forms, as selected 6y Lender: (al cash; (h) 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, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Securiry
<br />Instrument and nbligat�ons secured hereby shall remain fully effective As if no acceleration had occurred. However, this nght
<br />tn reinstate shall not apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Laan 5ervicer; Notice of Grievance. 7'he Note or a partial interest in the Note
<br />(together with this Secunty lnsmunent) can he sold one or more times without prior notice to Borrower. A sale mi�ht result
<br />in a change in the entity (known as the "Loan Servicer"1 that collects Penodic Payments due under the Note and this Secunty
<br />NEBRASICA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRLiMENT Form 3028 1101 (pnge h nf 8 paRes)
<br />97S4.CV (3/n9) 004.70R-262 CYeative Thinking, InC.
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