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2 0120601� or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note aze declared to be severable. 15. Borrower's Copy. Bortower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substanc�. Bortower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Bortower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Properiy. Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Bonower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Bonower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this pazagraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substaaces by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volarile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in tivs paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON COVENANTS. Bonower and Lender further covenant and agree as follows: 17. Assignment of Rents. Bonower uncondirionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower' s breach of any covenant or agreement in the Security Insttvment, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Bonower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Bonower: (a) all rents received by Bonower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rentx of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Bortower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under ttus paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Properly before or after giving norice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect aA egpenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of defaWt in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee, shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public suct3on to the lughest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trust� determines. Trust� may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. FHA NEBRASKA D� OF TRUST - MERS Doc/�1e,gle � NmOTZ.FHA 03/21/12 Page 6 of 9 www.doanagic.com IIIIIIIII lul IIII II�I II� ( I II I II II I I IIIIII IIIIII III III