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201302504 <br />CASE #: NE3213205336703 DOC ID #: * * * * * ** *328002013 <br />12. Successors and Assigns Bound; Joint and Several Liability; Co- Signers. The covenants and agreements <br />of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. <br />Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- signing this <br />Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without that <br />Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or <br />by mailing it by first class mail unless applicable law requires use of another method. The notice shall be <br />directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice <br />to Lender shall be given by first class mail to Lender's address stated herein or any address Lender <br />designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to <br />have been given to Borrower or Lender when given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of <br />the jurisdiction in which the Property is located. In the event that any provision or clause of this Security <br />Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this <br />Security Instrument or the Note which can be given effect without the conflicting provision. To this end the <br />provisions of this Security Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences <br />shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances <br />that are generally recognized to be appropriate to normal residential uses and to maintenance of the <br />Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any <br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, <br />or is notified 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 used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or <br />toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal <br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental <br />protection. <br />MERS FHA Deed of Trust -NE <br />1004M -NE (12/11) Page 7 of 10 <br />