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<br />200700543 <br /> <br />12. Successors 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 of <br />Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that <br />Borrower's consent. <br /> <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as <br />provided in this paragraph. <br /> <br />14. Governing 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 the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br /> <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br /> <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the <br />Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, <br />or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to <br />normal residential uses and to maintenance of the Property. <br /> <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 <br />Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory <br />authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, <br />Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. <br /> <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 <br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As <br />used in this Paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is <br />located that relate to health, safety or environmental protection. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the <br />Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant <br />of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of <br />Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents <br />and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an <br />absolute assignment and not an assignment for additional security only. <br /> <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee <br />for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to <br />collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to <br />Lender or Lender's agent on Lender's written demand to the tenant. <br /> <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 /> <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of <br />breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any <br />application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment <br />of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br /> <br />GV2171-5 (696) Page 5 of? FHA Nebraska Deed of Trust <br /> <br />J)\ <br />gD\\- <br />