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201209228
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Last modified
7/20/2017 9:59:05 AM
Creation date
11/1/2012 3:31:45 PM
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DEEDS
Inst Number
201209228
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201209228 <br /> 19. Governing Law; Severability. 'I'his Secanty Instrument shxll be guverned by federal]aw and thc law of' <br /> tliejurisdiction in wliich the Property is located. In the event rhat any provision or dause of this Securiry Instrwnen[ <br /> or the Note�co�flict�witli applicabLe law, such conf7ic[ shall not affect other provisiona uf this Security Instrument <br /> ur l}ie Note which can be given effect withou[the confllcting provision. Tn this end tk�e provislons of this Security <br /> Instmmeot and the'��ute are dedared to be severable. <br /> 15. Borrower's Copy. Borrower sYia11 be given ooe conformed copy of the Note and of this Security InsLrurnent. <br /> 16. Hazardous Substances. Bormwer shall not cause or pei��r�it the presence.use�. disposal, storage, or release <br /> of any Hazardous Substances on or in the Property. Borrower shall not do, nor alluw anyone else to do, anything <br /> affecting [he Properry that is in violation of any Enviironmcnta] Law. 'Phe preceding two sentences shall not apply <br /> to the presence, use, ur s[orage on the Property of small quan[itles of Hazardous Substances LhaL are generally <br /> recognized to be appropriate to norma] residenLial uses and to maintenance oF the Proper[y�. <br /> Borrower shall prnmptJy give Lender wriLLen noLice of any investiga[ion, claim, demand, lawsuit or other <br /> action by any governmental or regulatnry agency or private party i�rvolving [he Property and any Hazardnus <br /> Substa�ce or Environmental Law of which Bormwer has acma]knowledge. If Burrower learns,or is notified by any <br /> governmental or regulatory authority, tl�at any rcmocal or other remediation of a�ry Hazardous Substances affecting <br /> �he Property is necessary, Borrower shall ptomptly take all necctsary remedia] adiuns in accordance �vith <br /> F,nvironmental Law. � <br /> As used in (his paragraph 16, "Hazardous Substances" are those substances defined as toxic nc hazardous <br /> substances by Environmental I.aw and the following subslances: gasoline, kerosene, other flammable or toxic <br /> petrole�um products, toxic pesticides and herbicides,volarile snlvems, materials containing asbestos or formaldehyde, <br /> and radioactive materials. As used in this paragraph 16, "h;nvironmental Law" means federal laws and ]aws of the <br /> jurisdicLion where the Property is located that relate to health, safety or environmenra] proLecLiun. <br /> NON•UNIFORM COVENANTS. Qorrower aod Lender furtlier covenant and agree as follows: <br /> 17. Assignment of Rents. Borrower tmconditionally assigns and transfers to Lender all the rents and revenaes <br /> ot lhe Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs <br /> ear.h te��ant uf Lt�e Pruperty to pay the rents to Lender or Lender's agents. However, prior �u Lerider's notice to <br /> Bnrrnwer of Borrower's breach of arry covenant m'agreement in the Security]nstrument, Bnrrower shall cullect and <br /> reccive all rents and revenues of the Properg�as trustee fur[he benefit of Lender and Borrower. This assiKnment oC <br /> rents constitutes an absolate assignment and not an assignment for addi(iona] security ooly. <br /> If Lender gives no[ice of breach to Borrower: (a) all rents received by Bon�uwer shall be held by Borrower as <br /> Lrustee for benefi[of Lender onl y, to be applied ro the sums secured by the Security Iristrument; (b) Lender shall be <br /> entitled to co➢ect and receive all oF the rents of the Property; and (c) each tenant of the Property st�all pay all rents <br /> due and unpaid [o I,ender or I.ender's agent on Lender's wriLLeo dema�td to tlie tenant. <br /> Rorinwer has nnt executed any prior assignment of the reriLs and has uut and will not perPorin any act that would <br /> prevent Lender from exercising its righ�a under this paragraph 17. <br /> Leoder st�all nuL be reyuired tu enter upon, take�control of or maintain the Proper[y before or afLer giving notice <br /> of breach to Borrower. However, I.ender or ajudicially appointed receiver may do so al erry Lime t6ere is a 6reach. <br /> Any application of rents sltall not cure or waive tmy defatilt or invalidate any other riglit or remedy of Lender. This <br /> assignment of ren(s of the Property shall terminatc whcn the debi secured by t}ie Security InsGvment is paid in full. <br /> 18. Foreclosure Prxedure. If Lender requires immediate paymenl in full ander paragraph 9, Lender may <br /> invoke the power of sale and any other remedles permitted by applicable lxw. Lender shall be enti[led[o wllect <br /> all expenses incurred in pursuing the remedies provided in this paragreph 18, including, but not limited to, <br /> reasonable attorneys' fees and costs of title evidence. <br /> If the power of sale is invoked, Trustee shall record x nutice of defaul[in each county in which any par[ut <br /> the Property is lucated and shall mail copies of such notice in the manner prescribed by applicxble law lo <br /> Borrower and to tLe otlier persons prescribed by applicable law. After the time required by applicable law, <br /> Trus[ee,shall give public notice of sale to Nie persons and in the manner prescribed 6y applicable law. Trustee, <br /> without demand on Borrower, shall sell the Property at public auclion lo lhe highes[ bidder at the [ime and <br /> FHA NEBR45KA DEFD OF TRUST - MFRS DacMagic��a�� <br /> NEDOTZFHA 07l03112 Page 6 of 9 � www.docmagicrom <br /> ! �������C��������I <br />
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