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200705702
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Last modified
7/6/2007 4:02:15 PM
Creation date
7/6/2007 4:02:14 PM
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DEEDS
Inst Number
200705702
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<br />200705702 <br /> <br />Borrower's intere~t in the Property under the tenns of this Security Instnunent; (b) is not personally obligated to pay the sums <br />secured hy this Security Instnlluent; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or <br />make any accommodations with regard to the temlS of this Security hlstrument or the Note without that Borrower's consent. <br />13. Notlees. Any notice to Borrower provided for in this Security Instmment shall be given by delivering it or by <br />mailing it by first elass mail Wlless applicable law requires use of another method. The notice shall be directed to the Property <br />Address or any othcr address Borrower designates by notice to Lender. Any notice to Lender shall be givcn by first class mail <br />to Lender' s addre~s stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this <br />Security Instrnment shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />14. Governing Law; Severability. 11lis Secnrity hlstrument 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 Security Instrument or thc Notc <br />contlicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can <br />be given effect without the contlicting provision. To tIllS end the provisions of this Security Instrument and the Note are <br />declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one confomled copy of the Note and of this Security Instrument. <br />16. Hazardous Substances. Borrower shall not cause or pemlit the presence, use, disposal, storage, or releasc of mlY <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. Thc preceding two sentences shall not apply to the presence, use, or <br />storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nomml <br />re~idential uses mId to maintenmlce of tIle 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 Substmlce or Environmental <br />Law of which Borrower ha~ actual knowledge. If Borrowcr leams, or is notified by any governmental or regulatory authority, <br />that mlY removal or other remediation of any Hazardous Substance~ affecting the Property is neccssary, Borrower shall <br />promptly take allnece%ary remedial actions in accordance with Environmental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substmlces by <br />Environmental Law and the following substances: gasoline, kerosene, other tlmnmable or toxic petroleum product~, toxic <br />pesticides mId herbicides, volatile solvents, materials containing asbestos or fonllaldehyde, and radioactive materials. As used <br />in tillS paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where tIle Property is located that <br />relate to health, safety or environmental protection. <br /> <br />NON-UNIFORM COVENANTS. Borrowcr mId Lender further covenant mId agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the <br />Property. Borrower autllOrizes Lender or Lender's agents to collect the rents mId revenues mId hereby directs each tenmlt of the <br />Property to pay the rents to Lender or Lender's agents. Howevcr, prior to Lender's notice to Borrower of Borrower's breach of <br />any covenant or agreement in the Security Instrument, Borrower shall collect mId receive all rents and revenues of the Property <br />as trustee for the benefit of Lender and Borrower. 11lis assignment of rents constitutes an absolute assignment and not an <br />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 tmstee for <br />benefit of Lender only, to be applied to tIle sums secured by the Security Instrument; (b) Lender shall be entitled to collect mId <br />receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or <br />Lender's agent on Lender's written demmId 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 <br />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 of breach <br />to Borrower. However, Lender or a judicially appointed receiver may do so at mlY time there is a breach. Any application of <br />rents shall not cure or waivc mlY default or invalidate any other right or remedy of Lender. This assignment of rent~ of the <br />Property shall tenllinate when the debt secured by the Security Instrument is paid in full. <br />18. Foreclosure Procedure. If Lcnder requires immediate payment in full under paragraph 9, Lender may invoke the power <br />of sale and any other remedie~ pennitted by applicablc law. Lender shall be entitled to collect all expenses incurred in pursuing thc <br />remedies provided in tIllS paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If tIle power of sale is invoked, Trustee slmll record a notice of default in each county in which mlY part of the Property is <br />located and shall mail copies of such notice in tile 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 />mId in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction <br /> <br />NEBRASKA FHA DEED OF TRUST <br /> <br />ITEM T2696L5 (OSOS}-MERS <br /> <br />(P"'''"f7,.,,,; ~ Ss <br /> <br />GREATLAND . <br />To Order Gall: 1-800-531}-9393 D Fax: 616-791-1131 <br />
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