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. . -,,., ,�.,�.,._„�-..._ —.. <br /> . � .,9..<.,•:, - <br /> .,»:.,,.,,�...,.,,.,,.. . . <br /> s, ' _. <br /> , � .. .����i �� I� �,�;,p e��,;t,s., ,�.,,�...._ _ . <br /> ---��. -� . ,.�....��.t,_---�--�=-_-�� '` .�'�-=.,.4 .. _ _. -- <br /> ..�.�...� .,.�._,. :�._.._.-- <br /> ----- — ��,�:a. -- <br /> ---- — <br /> � ' g�- iiz859 <br /> 10. Rdmtalcmrat. Borrower has a righi to be rcinstated if L.ender has requlred immedlate payment in fuU <br /> because of Bonower's failure to pay an amount due under the Note or this Security Instrucrnnt. Thie dght applia <br /> even After foreclosure proceeding� nre institutat. Ta relnst�te the Security inatrument, eorrower ehall tendrr in a lump <br /> sum all runounts cequlred to bdng B�rrower'a account cumnt including, to the extent they are obligations of Borrow�r <br /> under thls Socudry Instrument, foreclosure costa and reason�ble e.hd customary attorneys' fees and expenses properly <br /> a�sociatod with the toreclosure proceedfng, Upon reinstatement by aorrower, thls Security lnstrument and the <br /> obligations that it secures sh�ll retnaln in etfect as if L.ender hwd not reyulred Im�►nediste payment•ln full. Howcver, <br /> Lendrr is not required to permit rcinstatemrnt if:(i) Lender hns eecepted reinstatemenc After tte commencement of <br /> forecloauce proceedings within two yeare Immediately preceding the commencecnent of a eunent foreclosure <br /> proceeding, (ii)nineutement will pteclude foreclosure on different grounds in the future, or(Ui) reinstatement will <br /> adversely affect the pr�ority of the llen cresued by thls Secudty Instrument, <br /> 11. Homnwa Not Itda�od; Pocbe�r�oue by l�eader Not a Rluva. F.xtension of the time of payment or <br /> modification of amortizatlon of the aums secured by this Security Instrument granted by L.ender to any successor in <br /> interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's success�rs in <br /> interest. l.rnder shall not be required to commence proceodinas against any succcssor in interest or nfuse to extend <br /> tlme for pay�nent or othenvise modify amortization of the sumg secured by thia Security Instrument by reason of any <br /> demand msde by the original Borrower or 8orrower's successots in interest, Any forbearance by Lcnder in exercising <br /> any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br /> iZ Suooe�ors aod ,�gd g�nd; Joiat aad Several Wbility;Co-Sigoar�. The covenants u►d agrcements of this <br /> Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br /> of paragraph 9(b). Borrower's covenants and agreements shali be joint and several. Any Borrovrer who co-signs this <br /> Secudty Instrument but does not execute t�e Note: (a) is co-signing this Secudty Instrument only to mortgage, grant <br /> and convey that Bormwer's interest in the Propetty under the tecros of this Security [nstrument; (b) is not persanally <br /> obligated to pay the sums secured by this Securiry Instrument; and (c)agrees that i.ender and any other Borrower may <br /> agra to txtend,modity,forbear or make any a:ccommodations with regazd to the term9 of this Securlty Instrument or <br /> the Note without that Bonower's wnsent. <br /> 13. Natioa. Any nottc� to Borrower provided for in this Security Instrument shall be given by delivering it �r <br /> by malling it by first class mail unless applicable law requires use of another method. 1'he notice shall be d[rected to <br /> the Propeny Address or any other address Borrower designates by notice to I.ender. Any notice to Lender sh�ll be <br /> given by tirst class mail to L.endcr's address stated lierein or any address Lender designates by notice ta Borrower. Any <br /> notice provided for in thls Security Instnuixnt shall be dcemed to have been glven to Borrower or l.ender when given <br /> as providon in chis pnragrapi►. <br /> 14, Cove:ning I,a�r;Saver�biliry. Thie Security Insuument shall be govemed by federal law and the law of the <br /> jurisdiction in which the Property is located. In the event that any provision or clause of this Sec:urity Instrument or <br /> the Note wnflicts with applicable law,such conflict shall not affect other provielons of this Security Instrument or the <br /> Note which can be given effect without the confltcting provision. To this end the provisions of this Socurity Instnunent <br /> and the Note are declared to be severable. <br /> 15. HaroNer'�Copy Borrower shall be given one confonned copy of the Note and of this Secudty Instrument. <br /> 16. Haa�dous SLb�un�a• Botrower shall not cause or perndt the presence, use,disposal, storage, or nlease of <br /> any Hczardoua Substances on or in the Property. Bonower shall not do, nor allow anyone else to do, anything <br /> affxting the Property that is in violation of eny Environmental I.aw. The preceding two sentences shall not apply to <br /> the presence, use,or storage on the Property of small quantities of Hazardous Substances that are generally recogniud <br /> to be eppmpriate to nocmal residentiel usa s�nd to maintenance of the Property. <br /> Borrower shnll promptly give Lender written notice of any investigation, claim,demend, IQwsuit or other action <br /> by any governmental or regulatory agency or private party involving the Property and any Hezardous Substance or <br /> Enviro�ur�ental Law of which Bonower has actual knowledge. If Borrower leams, or is notified by any governmental <br /> or regulatory authodty. that any removal or other remediation of any Hazardous Substances affecting the Property is <br /> necessary,Bonower shall promptly take all necessary remeclial actians in accordan:e with Environmental Law. <br /> As used in thi�puagraph 16."Hazardous Substances" are those substances defined as toxic or hazardous substances <br /> by Environcn�ntal Law and the foUawing substanccs: gasoline,kerosene, other flanunabl� or toaic}x:troleum products, <br /> toxic pesticides and herbicldes, valatile solvents. materials contalning asbestos or formaldehyde, end radioactive <br /> materials. As used in this paragraph 16, "Environmental I.aw"means federal laws and laws of the jurtsdiction where <br /> the Propecty is locatai that relate to health, safety or environmental protection. <br /> NON-UNIFORM COVENANTS. &�rrower and Lender further covenant and agree as follows: <br /> 17, Auignmc�t of Reats. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br /> of the Properiy. Borcower authorizes I.ender or I.ender's agents to collect the rents and revenues and heceby dirtcts <br /> each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to <br /> Bonower of Borrower's breach of any c�venant or agreement in the Security Instrument, Bonower shall collect and <br /> reccive a11 rents and revenue9 of the Property as trustee for the benefit of Lender and Borrower. This assigrunent of <br /> ' rents wnstituta an absolute assignment and not an assig►uncnt for additional security oiily. <br /> If L.ender gives nvtice of breach to Sorrower: (a) all rents received by Borrower shall be held by Borrower as <br /> trustee for benefit of I..ender only,to be appiicd to the su�ns secured by the Security Instrument; (b) Lender shall be <br /> entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents <br />.� due and unpaid to Lender or I,ender's agent on L.ender's written denuznd to tlie tenant. <br /> ._� _ ...5�..........� ..0�6o wnro nnd hoc nnt nn`1 �vill nnf ru�rfnrttt anv act that would _. <br /> _ . .. """' • <br /> ' IfOIfOWGi [IUJ IIVI GrOl.utcu ai�)�iavi wa.ba......... v. ..... ........ ...'�"_..._. �'_ ""'"" �""__. • <br />'� prevent I.cnder from exercising its rights under this paragraph 17. <br />=� Lender shell not���renuired ro enter upon,take control of or maintain the Propeny before or aRer giving notice _ <br /> of breach to Rer:�e�eer. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br /> , - <br /> NiipRASKA•tniA DBBD OP TRUSf � <br /> oo�v��rn sy�k�v. ux.ieoo�w�ixz Pagc 4 of 6 ,. <br />