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201204115 <br />iiiioe3oea <br />14. Governing Law; Severabil9ty. This Security Instrument shall be governed by federal law and <br />the law af the jurisdiction in which the Property is located. In the ovent that any provision or clause of this <br />Security Instrumant or the Nota conflicts with applicable law, such conflict shall not affect other provisions <br />of this Security Instrument or the Nota which can be given effect without tha conflicting provision. To this <br />end the provisions of this Security Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrowar shall ba given one conformed copy of'this Security Jnstrument. <br />16. Hazardous Substances. Borrower shall not cause or parmit the presence, use, disposal, storage, <br />or release of any Hazardous Substances on or in tha Property. Bonower shall not do, nor allow anyone else to <br />do, anything affecting the Property that is in violation of any Environmantal Law. The prcceding two <br />sentences shall not apply to the p'resence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally recognized to ba appropriata to normal residential uses and to maintenance of <br />the Property. <br />Bonower shall promptly give Lender written notica of any investigation, claim, demand, lawsuit or <br />other action by any governmental or regulatory agency or private party involving the Property and any <br />Hazardous Substance or Bnvironmental Law of which Bonower has actual knowledge. If Borrower leams, or <br />ia noti�ed by any governmental or regulatory authority that any removal or other remediation of any <br />Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. <br />As usad in this paragraph.l6, "Hazardous Substances" are those substances defined as toxic or <br />hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other <br />flammable or toxic petroleum products, toxic pesticides and herbicides, valatile solvents, materials <br />containing asbestos ar formaldehyde, and radioactive materials. As used in this paragraph 16, <br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health, safety or environmental protection. <br />NON-LJNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows; <br />17. Assignment of Reats. Borrower unconditionally assigns and transfers to Lender all thc rents <br />and revenues of the Property. Borrower authorizes Lendar or Lender's agents to collect the rents and revenues <br />and hareby directs each tenant of the Proparty to pay the rents to Lender or Lender's agents. Hawever, prior <br />to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security <br />Instrument, Borro,wer shall collect and receive all rents and revenues of the Property as trustee for the benefit <br />of I.ender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment <br />for additional security only. <br />If I.ender gives notica of breach to Borrower: (a) all rants received by Borrower shall be held by <br />Borrower as trustee for benefit of Lender only, to be appliad to the sums s6cured by tha Security Instrument; <br />(b) Lender shall ba entitled to collect and receive all of the rants of the Property; and (c) each tenant of the <br />Property shall pay all rents due and unpaid to Lender or Lander's agant on Lander's written demand to the <br />tenant. <br />Borrower has not executed any prior assignmant of the rents and tias not and wip not perform any <br />act that would prevent Lender from exarcising its rights under thia Paragraph 17, <br />Lender shall not be required to enter upon, take control of or maintain tha Proparty before or after <br />giving notice of breach to Borrower, However, Lender or a judicially appointed receiver may do so at any <br />time there is a breach. Any application of rents shall not cura or waive any default ar invalidate any other <br />right or remedy of Lender, This assignment of rents of the Property shall terminate when the dabt secured by <br />the Security Instrument is paid in full, <br />18. Foreclosure Procedure. If Lender reyuires immediate payment in full under Paragraph 9, <br />Lender may foreclose this Security lnstrument by judicial procseding, Lendar shall be entitled to collect all <br />expenses incurred in pursuing tha remedies provided in this Paragraph 18, including, but not limited to, <br />FHA Nebraska Deed of Trast - 06/11 <br />a� 391.11 Paga 6 of 8 <br />