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200010762 LOAN #: 2675168
<br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by
<br />first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other
<br />address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated
<br />herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed
<br />to 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 the jurisdiction
<br />in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with
<br />applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without
<br />the conflicting provision. To this end the 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 Instrument.
<br />16. Hazardous Substances. 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 the Property that is in violation
<br />of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small
<br />quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance
<br />of the Property.
<br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
<br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of
<br />which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal
<br />or other remediation of any 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 substances by
<br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
<br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph
<br />16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
<br />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 of the Property.
<br />Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to
<br />pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or
<br />agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit
<br />of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security
<br />only.
<br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit
<br />of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all
<br />of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on
<br />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 prevent Lender
<br />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 of breach to
<br />Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall
<br />not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate
<br />when the debt secured by the Security Instrument is paid in full.
<br />18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the
<br />power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred
<br />in pursuing the remedies under this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title
<br />evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property
<br />is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons
<br />prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons
<br />and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public
<br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels
<br />and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement
<br />at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment
<br />in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage
<br />Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 et seq .) by requesting a foreclosure commissioner designated under the Act
<br />to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the
<br />Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property.
<br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply
<br />the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including
<br />the payment of the Trustee's fees actually incurred, not to exceed 5% of the principal amount of the
<br />note at the time of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by
<br />this Security Instrument; and (c) any excess to the person or persons legally entitled to it.
<br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the
<br />Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee.
<br />Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person
<br />or persons shall pay any recordation costs.
<br />20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee
<br />appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of
<br />the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law.
<br />21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which
<br />is the Property Address.
<br />FHA Nebraska Deed of Trust - 4/96
<br />Initials:
<br />Page 4 of 5 NEV E
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