|
201i059��
<br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants an 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 Secunty Instrument only to mortgage, grant
<br />and convey the co-signer's interest in the Property under the terms of this 5ecurity Instrument; (b) is not personallyobhgated
<br />to pay the sums secured by this Security Inst�ument; and (c) agees that Lender and any other Borrower can agree to extend,
<br />modify, forbear or make any accommodations with regard to the terms of this 5ecurity Instrument or the Note without the co-
<br />signer's consen�
<br />Subject to the provisions of Secrion 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 sha�l
<br />bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
<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 Security Instrument, including,
<br />but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of expre.ss
<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 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 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 />akeady collected from Borrower which exceeded permitted limits will be refunded to Bonower. Lender may choose 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 tre,ated as a partial �repayment wrthout any prepayment charge (whether or not a prepayment
<br />chazge is provided for under the Note). Bonower 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 Lender in connection with this Security Instrument must be in
<br />writing. Any notice to Bonower 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 b� other means. Notice to any
<br />one Borrower shall constitute notice to all Borrowers unless Applicable L.aw expressly requues otherwise. The notice
<br />address shall be the Property Address unless Borrower has designated a substitute nohce address by notice to Lender.
<br />Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure far reporting
<br />Borrower's change of address, then Borrower sha.11 only report 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 Lender'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 Lender until actually received by Lender. If any notice required by tlus Security Instrument is also required
<br />under Applicable Law, the Applicable Law requirement will satisfy the corresponding requuement under this Security
<br />Instrument.
<br />16. Governing Law; Severability; Rules of Construction. This Security Inshument 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 />Security Instrument are subject to any requirements and limitations ofApplicable Law. Applicable Law might 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 />against agreement by contract In the event that anyprovision or clause ofthis Security Insirument 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 inthe
<br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
<br />transferred in a bond for deed, contraat 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) wrthout Lender's prior written consent, Lender may
<br />require immediate payment in full of all sums secured by tlus 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, Lender shall give Borrower notice of acceleration. The notice shall pmvide a period
<br />of not less than 30 days from the date the notice is given in accordance with Section 15 within which Bonower must pay all
<br />sums secured by this Security Instrument If Borrower faiLs to pay these sums prior to the expira,tion of this period, Lender
<br />may invoke any remedies permitted by this 5ecurity 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 ttus Security Instrument discontinued at any time prior to the eazliest o� (a) five days
<br />before sale of the Property �ursuant to an� power of sale contained in this Security Instrument; (b) such other period as
<br />Applicable Law might specify for the ternunahon of Borrower's right to reinstate; or (c) entry of a�udgment enforcing this
<br />Security Insttumen� 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 mterest in the
<br />Property and rights under Security Instrument, and Borrower's obligation to pay the sums secured by this Security
<br />Instrument, shall continue unchanged. I.ender 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 ch�k, ireasurer'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 accelerarion 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 Instrutnent) can be sold one or more times without prior notice to Bonower. A sale might result
<br />m a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note andthis Se,curity
<br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, andApplicable
<br />Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of
<br />the Loan Servicer, Bonower 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 i7NIFORM INSTRi1MENT (MERS) Form 3028 1/Ol (page 6 of 8 pages)
<br />12439.CV (1/08) 905920 Creattve Thinktng, Inc.
<br />GOTO(0017ffdb)
<br />���.
<br />
|