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201002209 <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 corlvey 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 <br />it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be <br />directed to the Property Address or any other address Borrower designates by notice io Lender. Any notice to <br />Lender shall be given by fast class mail to Lender's address stated herein or any address Lender designates by <br />notice to Borrower. Any notice provided for in this Security Instrument shall he deemed to have been given to <br />Borrower or Lender when given as provided in this paragraph. <br />la. Governing Law; Severability. This Security Instrument shall be govcmed by Federal law and the law <br />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. To this end the provisions of <br />this Security Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />Instnunent. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or <br />release of any I-lzardous 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 <br />not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances Thal are <br />generally recognized to he 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 deemed 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 <br />formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws <br />and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. <br />NON-LTNIFO1tIv1 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 <br />revenues of the Property. Borrower authorizes Lender or Lender's agents 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, Borrower shall <br />collect and receive all renls and revenues of the Property as trustee for the benefit of bender and Borrower. This <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 <br />as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall <br />be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all <br />rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. <br />FI-lA Nebraska Deed of Trust with MFRS - 4/96 Amended 7/04 <br />4N(NE) (040'7).01 page 6 of 10 le iv is <br />Initials: <br />