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2Q12074�� <br />14. Governing Law; Severability. This Security Instnament sl�all be governed by federallaw and the law of <br />the jurisdiction in which the Properiy is locateci. Tn the event that any provision or clause of this Security Instrunient <br />or the Note conflicts with applicable law, such conflict shall not affect othez provisions of this Security Instrument <br />or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security <br />Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one con£ormed copy of tlxe Note and of this SeCUrity Instzument <br />16. Hazardons Snbstances. Boztower shall not ca.use or permit the presence, use, disposal, sYorage, or release <br />of any IIazardous Substances on or in the Properiy. Borrower sha11 not da, nor a11ow anyone else to do, anything <br />affecting the Property tS�at is in violation of any Environmental Law. The preceding two sentences shall not apply <br />to the presence, use, or storage on the Properiy of small. quantities of Hazardous Substances that are generally <br />recognized to be appropriate to nozmal residenlial uses and to maintenance of the Property. <br />Barrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or priva.te pariy involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has actual knowledge. If Bonower learns, or is notified by any <br />governmental or reUulatory authority, that any removal or other remediation of any Hazardous Substances affecting <br />the Property is neeassary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />A.s used in this paragraph 16, "Hazardous Substances" are Yhose substances defined as toauc or hazardous <br />substances by Bnvironmental Law and the following substances: gasoline, kezosene, other flammable or to�cic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive maxerials. As used in this paragraph 16, "Environmental Law" means federal laws and la.ws of the <br />jtu�isdiction where the Property is located that relate to health, safety or environmental protection. <br />NON-UNiFORM COVENANTS. Borrower and Lender fatther covenant and agree as follows: <br />17. Assignment of Rents. Borrowez unconditionally assigns and transfers to Lender a11 the rents and revenues <br />of the Properly. Borrower authorizes Lender or Lender' s agents to collect the rents and revenues and hereby direcls <br />ea.ch tenant of the Property to pay the rents to Lender or Lender's agents. Howevez, prior to Lender's notice to <br />Barrower of Borrower's breach of any covenant or agreement ia the Security Instrument, Borrower shall collect and <br />receive all rents and revenues of the Property as trustee for the ben.efit of Lender and Bonower. 'This assignnaent of <br />rents constitutes an absolute assi�unent and not an assignment �or additional security only. <br />If Lender gives notic� of brea.ch to Borrower: (a) all rents received by Bozrower shall be held by Borrower as <br />irustee for benefit of Lender only, to be applied to the sums secured by the Security Tnstrument; (b) Lender sha11 be <br />entitled. to collect aud receive all of the rents of the Properly; and (c) each tenant of the Property shall pay all rents <br />due and wapaid to I,ender or Lender's agent on Lender's written demand to the tenant. <br />Bonower has not executed any prior assignment of the zents and has not and will not perform any act that would <br />prevent Lender from exercising its rights under this para.�aph 17. <br />Lender shall not be required to enter upon, tatce control of or maintain the Property before or after giving notice <br />of breach to Bonower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br />Any application of rents shall not cure or warve any default or invaiidate any other night oz zemedy of Lender. This <br />assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />18. Foreclosure Procednre. If Lender reqnires immediate payment in fnll under para�raph 9, Lender may <br />invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect <br />aIl ezpeenses incnrred in �ursning the remedies provided in this paragraph 18, including, bnt not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />Iff the power of sale is invoked, Trastee shall record a notice of defanit in each connty in which any part of <br />the Properiy is located and shall ma� copies of snch not3ce in the manner prescribed by applicable la.w to <br />Borrower and to the other persons prescribed by applicable law. After the time requured by applica.ble law, <br />Trustee, shall give pnblic notice of sale ta the persons and 'nn the manner prescribed by appIicable law. Trastee, <br />without demand on Borrower, sha11 sell the Property at public auction to the highest bidder at the time and <br />FHA NEBRASKA D�D OF TRUST - MB2S <br />NEDOTZ.FHA 07/03l12 Page 6 of 9 <br />Dar�laglc � <br />www.docrnagic. mm <br />�� ti f�`� � �� �' y���1 F�� � F�1`' ���� r�{ Y�i ��`��, <br />��1 tie � �1�� 5 � �' � � �{ P���� � � �'64 <br />� �� ' � � <br />