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200707835
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Last modified
9/12/2007 8:44:52 AM
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9/12/2007 8:44:52 AM
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DEEDS
Inst Number
200707835
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<br />200707835 <br /> <br />Borrower's interest in the Property under the temls of this Security lnstmment; (b) is not personally obligated to pay the sums <br />secured by tlus Security Instmment; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or <br />make any accommodations with regard to the tenus of this Security Instrument or the Note without that Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Security Instmment 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 Property <br />Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first e1ass mail <br />to Lender's address stated hercin or any address Lender designates by notice to Borrower. Any notice provided for in this <br />Security Instnnuent shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />14. Governing Law; Severability. lhis Security Instmment 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 lnstmment or the Note <br />eontliets with applicable law, such conflict shall not affect. other provisions of this Security Instmment or the Note which can <br />be given effect without the conl1icting provision. To this end the provisions of this Security lnstmment and the Note are <br />declared to be severable. <br />15. Borrower's Copy, Borrower shall be given one conformed copy of the Note and of this Security Instnnuent. <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, nse, or <br />storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal <br />residential uses lUld to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any <br />govenllnental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br />Law of which Borrower ha5 actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, <br />that any removal or other remediation of any Hazardous Substances affecting the Property is neccssary, Borrower shall <br />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 subshmces 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 fonualdehyde, and radioactive materials. As used <br />in this paragraph 16, "Envirunmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health, safety or environmental protection. <br /> <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 <br />Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the <br />Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of <br />lmy covenant or agreement in tbe Security Instnul1ent, Borrower shall collect and receive all rents and revenues of the Property <br />as tmstee for the benefit of Lender and Borrower. This 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 rent5 received by Borrower shall be held by Borrower as trustee for <br />benefit of Lender only, to be applied to the SlllUS secured by the Security Instrument; (b) Lcnder shall be entitled to collect and <br />receivc all of the rents of the Property; and (c) each tenant of the Property shall pay all rent5 due and unpaid to Lender or <br />Lender's agent on Lender's written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and ha5 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 any time there is a breach. Any application of <br />rents shall not cure or waive any default or invalidate any othcr right or remedy of Lender. This assignment of rents of the <br />Property shall tenninate 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 power <br />of sale and any other remedie.5 pennitted by applicablc law. Lender shall be entitled to collect all cxpcnses incurred in pursuing the <br />remedies provided in this paragraph 18, including, but not limited to, reasonablc attomeys' fees and COSt5 of title 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 is <br />located and shall mail copies of such notiee in the manner prescribed by applicable law to Borrower and to the other persons <br />prescribed by applicable law. After tile time required by applicable law, Tmstee, shall give public notice of sale to the persons <br />and in the manner prescribed by applicable law. Tmstee, without demand on Borrower, shall sell the Property at public auction <br /> <br />NEBRASKA FHA DEED OF TRUST <br /> <br />ITEM T2696l-5 (0308)-MERS <br /> <br />( Pape 5 of 7 {laKes) <br /> <br />GREATLAND. <br />To Order Call; 1.800.530.93930 Fax: 616.79,.,131 <br /> <br />~ <br /> <br />wY <br />
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