|
z��2a2�J8
<br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Boirower covenants 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 of this Security Instrument; (b) is not personally obligated
<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 to the terms of this Security Instrument or the Note without the co-
<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 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. Lender may charge Borrower fees for services performed in connection with Bonower's
<br />default, for the purpose of protecting Lender'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 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 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 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 maychoose 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 without any prepayment charge (whether or not aprepayment
<br />charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
<br />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 I,ender 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 Borrower shall constitute notice to 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 notice to Lender.
<br />Borrower shall promptly notify L.ender of Borrower'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 spec�fied procedure. There
<br />may be only one designated notice address under this Security Instrument at any one time. Any notice to L,ender shall be
<br />given by delivering it or by mailing it by first class mail to L,ender'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 L,ender until actually received by Lender. If any notice required by this Security Instrument is also required
<br />under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
<br />Instrument.
<br />16. Governing Law; Severability; Rules of Construction. This 5ecurity Instrument shall be governed by
<br />federal law and the law of the �urisdiction m which the 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 />implicitiy 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 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 Security Instrument: (a) words of the masculine gender shall mean and include corresponding 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 "ma�' 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 of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
<br />Propert}�' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
<br />transferred in a bond far deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the
<br />transfer of title by Borrower 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 Borrower is 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 Lender exercises this option, I,ender shall give Borrower notice of acceleration. 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 Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
<br />may invoke any remedies permitted by this 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
<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 Secunty Instrument; (b) such other period as
<br />Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this
<br />Security Instrument. Those conditions are that 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 for the purpose of protecting Lender's interest in the Property and nghts under this
<br />Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest 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 reinstatement sums and expenses in one
<br />or more of the following 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 institution whose 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 occutred 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 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 "L,oan 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 />Law. 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 I.oan Servicer, Borrower will be given written notice of the change which will state the name and address of the new
<br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />�2a39.cv�vos� 9os2i�
<br />(MERS) Form 3028 1/Ol (page 6 of 8 pages)
<br />Creative Thinking, Inc.
<br />�oTO(oo�sos2�)
<br />
|