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200909544
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Last modified
12/3/2009 4:49:56 PM
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12/3/2009 4:49:55 PM
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DEEDS
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200909544
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<br />1Z. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenauts and agreements of this Security <br />Instrument shall bind and benefit the successors and assigns of Lender and Harrower, subject to the provisions of Paragraph <br />9(b). Borrower's covenants and agreements shah be joint and several. Any Borrower who co-signs this Security Instrument but <br />does not execute the Note: (a) is co-signing this Security Instrument only to rnartgage, grant and convey that Borrower's interest <br />in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this <br />Security Instrument; and (c) agrees that Lender and any other Harrower may agree to extend, modify, forbear or make any <br />accommodations with regard to the terms of this Security Instrument or the Note without that Horrawer's consent. <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it <br />by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address ar <br />any other address Hanrawer designates by notice to Lender. Any notice to bender shall be given by first class mail to Lender"s <br />address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security <br />Instrument shall be deemed to have been given to Harrower 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 <br />without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be <br />severable. <br />15. Borrower's Copy. Borrower shall be given one confar~rted copy of the Note and of this Security Instrument. <br />16. Hazardous Substances. Harrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Property. Harrower shall not do, nor allow anyone else to do, anything affecting the Property <br />that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on <br />the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential <br />uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of arty 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 <br />of which Borrower has actual knowledge. If Harrower learns, or is notified by any governmental or regulatory authority, that <br />any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take <br />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 substances by <br />Environmental Law and the fallowing 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 used in <br />this Paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate <br />to health, safety or environmental protection. <br />NON-UNIFORM COVENANTS. Harrower and Lender further covenant and agree as follows: <br />17. Assignment of Reuts. 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 />any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rears and revenues of the Property <br />as trustee for the benefit of Lender and Borrower. This assigrunent 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 trustee for <br />benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and <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 ar <br />L,ender's agent on 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 <br />Lender from exercising its rights under this Paragraph 17. <br />GV2171-6 (696) Page 6 of 8 FHA Nebraska Deed of Trust <br />I IIIIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIIIIII III IIIIII VIII VIII VIII III) IIII <br />1 1 ~ 1 0 9 3 4 6 b G V~ ], 7 ~, <br />~~. <br />
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