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201305581
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Last modified
8/19/2014 2:23:32 PM
Creation date
7/11/2013 8:18:00 AM
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DEEDS
Inst Number
201305581
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201305581 <br />1111071421 <br />14. Governing Law; Severability <br />This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the <br />Property is located. In the event that any provision or clause of this Security Instrument or the Note <br />conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or <br />the Note which can be given effect without the conflicting provision. To this end, the provisions of this <br />Security Instrument and the Note are declared to be severable. <br />15. Borrower's Copy <br />Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />16. Hazardous Substances <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting <br />the Property that is in violation of any Environmental law. The preceding two sentences shall not apply <br />to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are <br />generally recognized to be appropriate to normal residential uses and to maintenance of the 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 <br />learns, or is notified by any governmental or regulatory authority, that any removal or other remediation <br />of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all <br />necessary 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 <br />or formaldehyde, and radioactive materials. As used in this Paragraph 16, "Environmental law" means <br />federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or <br />environmental protection. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents <br />Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. <br />Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each <br />tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to <br />Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall <br />collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and <br />Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for <br />additional security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by <br />Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security <br />Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each <br />tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written <br />demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act <br />that would prevent Lender from exercising its rights under this Paragraph 17. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving <br />FHA Nebraska Deed of Trust - 06/13 <br />41120 391.24 Page 7 of 9 <br />
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