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200906245
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Last modified
7/29/2009 4:15:05 PM
Creation date
7/29/2009 4:15:04 PM
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DEEDS
Inst Number
200906245
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200906245 <br />LOAN NO. 479656 <br />demand made by the original Borrower or Borrower's successors in interest, Any forbearance by Lender in <br />exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Cosigners, The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, <br />subject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any <br />Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security <br />Instrument only to mortgage, grant, and convey that Borrower's interest in the Property under the terms of this <br />Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) <br />agrees that Lender and any other Borrower may agree to extend, modify, forbear, or make any accommodations with <br />regard to the terms of this Security Instrument or the Note without that Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it <br />or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed <br />to 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, <br />Any notice provided for in this Security Instrument shall be deemed to have been given to borrower or Lender when <br />given as provided in this paragraph. <br />14. Governing Law; Severability, This Security Instrument shall be governed by Federal law and the <br />law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security <br />Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security <br />Instrument or the Note which can be given effect without the conflicting provision. Tv this end, the provisions of this <br />Security Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Nate and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower shall not cause ar permit the presence, use, disposal, storage, or <br />release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not <br />apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally <br />recognized 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 <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting <br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in this Paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in Paragraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdiction where 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 assigned and transfers to Lender all the rents and <br />revenues of the Property. Borrower authorizes Lender or Lender's agent to collect the rents and revenues and <br />hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's <br />notice to Borrower of Borrower"s breach of any covenant or agreement in the Security Instrument, sorrower shall <br />collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower, Phis <br />assignment of 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 />NEBRASKA FHA DOT 01/98 (papa 5 of 7J <br />
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