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�0�1049�0 <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower 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 Secuntylnstrument onlyto mortgage, grant <br />and convey the co-signer's interest in the Property under the terms of this 5ecurity Instrument; (b) is not personally obligated <br />to pay the sums secured by this Security Instnunent; and (c) agrees that Lender and any other Borrower can agree to extend, <br />modify, forbear or make aay 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 assum� Borrower's obligations <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights and benefits under <br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security <br />Insh�ument unless Lender agrees to such release in writing. The covenants and agreements ofthis Secunty Instrument shall <br />bind (except as provided in Secfion 20) and benefit the successors and assigns ofLender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this 5ecurity Instrument, includ'mg, <br />but not limited to, attorneys' fees, property inspecrion and valua.tion fees. In regard to any other fees, the absence of e�cpress <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 aze expressly prohibited by this Security Instrument or by Applicable <br />Iaw. <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 other loan charges collected or to be collected in connection wrth the Loan exceed the pernutted limits, then: (a) <br />any such loan charge shall be reduced by the amount necessary to reduce the charge ta the permitted limit; and (b) any sums <br />already collected from Borrower which exceeded pernutted limits will be refunded to Borrower. Lender may choose to make <br />this refund by reducing the principal owed under the Note or by making a direct payment to Bonower. If a refund reduces <br />principal, the reducrion 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 will <br />constitute a waiver of any right of acrion Borrower might have arising out of such overchazge. <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 yave been given to Borrower <br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other m�ns. 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 Properiy Address unless Borrower has designated a subsritute notice address by notice to Lender. <br />Bonower shall promptly notify Lender 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 specified procedure. There <br />may be only one designated notice address under this Secunty 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 Lender's address stated herein unless Lender 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 Lender until actually received by Lender. If any norice required by this Security Instrument is also required <br />under Applicable Law, the Applicable Law requirement will satisfy the conesponding requvrement under this Security <br />Ivstrument. <br />16. Governing Law; Severability; Rules of Construction. This 5ecurity 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 />Security Instrument are subject to anyrequirements and limitations ofApplicable Law. Applicable Law might explicitlyor <br />innplicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prolubition <br />agau�st 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 Secunty 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 "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 of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Tnterest in the <br />Property" means any legal or beneficial interest in the Property, including, but not luruted 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 Bonower 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 transfenec� 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 />IfI.ender exercises this option, Lender sha11 give Borrower notice ofacceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is given m 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 ofthis period, Lender <br />may invoke any remedies permitted by this Security Instrument wrthout further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Bonower shall <br />have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest o� (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 ternunat�on of Borrower's right to reinstate; or (c) entry of a�udgment enforcmg this <br />Security Instrument. Those conditions are that Borrower: (a) pays I.ender all sums wkuch then would be due under this <br />Security Instrument and the Note as if no accelerarion 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 I.ender's interest in the Property and nghts under this <br />Security Instrument; and (d) talces 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 reuistatement sums and expenses in one <br />or more ofthe 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 obligahons secured hereby shall remain fully effective as if no 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 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 />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 Loan Servicer, Borrower will be given wntten notice of the change which will state the name and address of the new <br />NEBRASKA—Single Family—Fannie MaelF'reddie Mac UNIFORM INSTRLJMENT (MERS) <br />12439.CV (1/08) 904769 <br />Form 3028 1/01 (page 6 of 8 pages) <br />Creative Thinking, Inc. <br />GOTO(00174fl b) <br />�.1� ; .'' <br />, <br />