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. 2000�011 � � <br /> 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full <br /> because of Bonower's failure to pay an amount due under the Note or this Security Instrument. This right applies <br /> even after foreclosure proceedings aze instituted. To reinstate the Security Instrument, Borrower shall tender in a lump <br /> sum all amounts required to bring Bonower's account current including, to the extent they are obligations of Bonower <br /> under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly <br /> associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the <br /> obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, <br /> Lender is not required to pernut reinstatement if:(i) Lender has accepted reinstatement after the commencement of <br /> foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure <br /> proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will <br /> adversely affect the priority of the lien created by this Security Instrument. <br /> 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or <br /> modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br /> interest of Borrower shall not operate to release the liability of the original Borrower or Bonower's successors in <br /> interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend <br /> time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br /> demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising <br /> any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br /> 12. S�ccessors and Assigns Bound; Joint and Several Liability;Co-Signers. The covenants and agreements 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@). Bonower's covenants and agreements shall be joint and several. Any Bonower who co-signs this <br /> Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant <br /> and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally <br /> obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may <br /> agree to extend, modify,forbear or make any accommodations with regard to the terms of this Security Instrument or <br /> the Note without that Bonower'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 directed to <br /> the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br /> given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any <br /> notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given <br /> as provided in this paragraph. <br /> 14. C�verning Law; Severability. This Security Instrument shall be governed 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 Security Instrument or <br /> the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the <br /> Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument <br /> and the Note aze declared to be severable. <br /> 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br /> 16. Ha7ardous Substances. Bonower shall not cause or permit the presence, use, disposal, storage, or release of <br /> any Hazazdous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything <br /> affecting the Property that is in violation of any Environmental Law. 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 recognized <br /> 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 action <br /> by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br /> Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govemmental <br /> or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is <br /> necessary, Borrower shall promptly take all 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 substances <br /> by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, <br /> toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive <br /> materials. As used in this paragraph 16, "Environmental Law"means federal laws and laws of the jurisdiction where <br /> the Property is located that relate to health, safety or environmental protection. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br /> of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs <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 Bonower's breach of any covenant or agreement in the Security Instrument, Bonower shall collect and <br /> receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of <br /> rents constitutes an absolute assignment and not an assignment for additional security only. <br /> If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as <br /> trustee for benefit of Lender only,to be applied to the sums 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 Lender's agent on Lender's written demand to the tenant. <br /> Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would <br /> 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 notice <br /> of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. � <br /> NEBRASKA-FHA DEED OF TRUST 6/96 <br /> na��� sys�e�,Inc.(800)649-1362 Page 4 of 6 <br />� <br />