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201104270 13. Joint and Several Liability; Co-si�ners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be �oint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "casigner"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms ofthis Security Inshvment; (b) is not personallyobligated to pay the sums secured by this Security Instrument; and (c)agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms ofthis Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all ofBonower's rights and benefits under this Security Insttvment. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements ofthis Security Instrument shall bind (except as provided in Section 20) and benefit the successars and assigns ofLender. 14. Loan Charges. Lender may chazge Bonower fees for services perFormed in connection with Bonower's default, for the purpose of protecting Lender's interest in the Prope� and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation ees. In regazd to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Bonower shall not be construed as a prohibition on the L ch�Wging ofsuch fee. Lender maynot charge fees that are expressly prohibited bythis SecurityInstrument or byApplicable If the Loan is subject to a law which sets maximum loan char�es, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connectiori with the Loan exceed the permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessaryto redu�e the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Bonower. Lender maychoose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial �repayrnent wrthout any prepayment charge(whether or not a prepayme�rt charge is provided for under the Note). Borrower s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Bonower in connection with this Security Instrument shall be deemed to have heen given to Bonower when mailed by first class mail or when actually delivered to Bonower's notice address if sent by other means. Notice to airy one Bonower shall constitute notice to all Bonowers unless Applicable Law expressly requ�res otherwise. The notice address shall be the Properiy Address unless Borrower has designated a substitute nohce address by notice to Lender. Borrower shall promptly notify L.ender of Bonower's change of address. If I.ender specifies a procedure for reporting Borrower's change of address, then Bonower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instnunent at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given ta Lender until actuall� received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Iaw reyuirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contamed in this Security Instrument are subject to any requirements and limitations ofApplicable Law. Applicable Law might explicitlyor implicitly allow the parties to agree by contract or it might be silent, but such silence sha11 not be construed as a prohibition agamst agreement by contract. In the event that any prov�sion or clause ofthis Security Instrument or the Note conflicts with Applicable Iaw, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words ofthe feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "ma�' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part ofthe Property or any Interest in the Properiy is sold or transferred (or ifBorrower is not a natural person and a beneficial interest in Borrower is sold or transfened) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by I.ender if such exercise is prohibited by Applicable Law. If I.ender exercises this option, I.ender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given m accordance �avith Section 15 within which Bonower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration ofthis period, Lender may invoke any remedies permitted by this Security Instrument w�thout fitrther notice or demand on Bonower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest o� (a) five days before §ale of the Properly pursuant to an� power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termmat�on of Borrower's right to reinstate; or (c) entry of a judgm ent enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Secwity Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred ui enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Properiy and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that I.ender's mterest in the Property and rights under tfiis Security Instrument, and Bonower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Bonawer pay such reinstatement sums and expenses in one or more ofthe following forms, as selected by Lender: (a� cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is , awn upon an mstitution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this riglit to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result m a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instnament, and Applicable Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale ofthe Note. Ifthere is a change of the Loan Servicer, Bonower will be given written notice ofthe change which will state the name and address ofthe new NEBRASKA—Single Family—Fannie Mae/Freddie Mac UTiIFORM INSTRUMENT (MERS) Form 3028 1/Ol (page 6 of 8 pagesJ 12439.CV (1/08) 03-1156 Creatirve Thinlung, Inc. GOTO(00258eb8)