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201000801 commencement of a content foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by Leader Not a Waiver. Bxtension of the time of payment ar modification of aznoxtization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Harrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall rat be required to commence proceedings against any successor in interest or refuse to extend time far payment or otherwise modify amortization of the sums secured by this secnrity Instrument by reason of any demand made by the original Harrower ar Borrower's successors in interest. Any foxbeaxance by Lender iux exercising any right ar remedy shall not be a waiver of or preclude the exercise of any xight ox remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lendex and Borrower, subject to the provisions of paxagraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instmment only to mortgage, grant and convey that Borrower's intexest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by, this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided far in this Security Instrument shall be given by delivering it or by marling it by first class mail unless applicable law requires use of another method. The notice shall be dixected to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Ban:ower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower ar Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision ox clause of this Security Instrument or the Note conflicts with applicable law, such conflict shaA not affect other provisions of this Security Insfimient ar the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 1S. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances an or in the Property. Borrower shall not da, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage pn the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lendex written notice of any investigation, claim, demand, lawsuit ax other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leaxns, or is notified by any governmental or regulatory authority, that any removal ar other remediation of any Hazardous Substances affecting the Properly is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos ar formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety ox environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all xents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment far additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect NEBRASKA FYIA DEED QF TRUST NEBRASKA-HERS ITEM 2696L5 101608 W~HNER, 0000 13313 6/96 (OreatDoes° 000413313