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<br />from the date hereof, Leader may, at its option, require immediate payment itt full of all Burns secured by
<br />this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to
<br />6 0 DAYS from the date hereof, declining to insure this Security Instrument and
<br />the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option
<br />may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit
<br />a mortgage insurance premium to the Secretary.
<br />10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
<br />because of Borrower's failure to pay an amount due under the Note or this Security lnsttument. This right applies
<br />even after foreclosure proceedings ate instituted. '1'o reitastate the Security Instrument, Borrower shall tender in a
<br />lump sum all amounts required to bring Borrower's account current including, to the extant they are obligations of
<br />Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses
<br />properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security lnsttument and
<br />the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full.
<br />however, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the
<br />commencement of foreclosure proceedings within two years itttmediately preceding the commencement of a current
<br />foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
<br />reinstatement will adversely affect the priority of the lien created by this Security Instrument.
<br />11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment of
<br />modification of amortization of the sums secured by this Security Instrument granted by Lender tv any successor itt
<br />interest of Borrower shall not operate tv release the liability of the original Burrower or Borrower's successors in
<br />interest, Lender shall not be required to commence proceedings against any successor in interest yr refuse tv extend
<br />time for payment of otherwise modify amortization of the sums secured by this Security Instrument by reason of any
<br />demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising
<br />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; Co-Signers. The covenants and agreements
<br />of this Security instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
<br />provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several, Any Borrower who
<br />ev-signs this Security Instrument but does not execute the Nvte: (a) is co-signing this Security Instrument only to
<br />mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security lnsttument; (b)
<br />is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
<br />other Borrower may agree tv extend, modify, forbear or make arty accommodations with regard to the terms of this
<br />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 or
<br />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
<br />be 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 lnsttument 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 lnstrument shall be governed by federal. law and the law of
<br />the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
<br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument
<br />or the Note w}tich can be given effect without the catttlictittg provision. To this end the provisions of this Security
<br />lnstrument attd 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 Instrument.
<br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
<br />of any Hazardous Substances on or in the Property. $orrower shall not do, nor allow anyone else to do, anything
<br />affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply
<br />to the presence, use, or storage oft the Property of small quantities of Hazardous Substances that are generally
<br />recognized to be appropriate to normal residential uses attd to maintenance of the Property.
<br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit of other
<br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous
<br />Substance yr 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, "llazardvus Substances" arc 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 this paragraph 1 G, "Envirottmetatal l,aw" 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 assigns and transfers to Lender all the rents and revenues
<br />of the Property. Borrower authorizes Lander or Lender's agents to collect the rents and revenues and hereby directs
<br />each tenant of the Property to pay the rents to Lender or Lender's agents, However, prior to Lender's notice to
<br />Borrower of Borrower' s breach of any covenant of agreement in the Security lnstrument, Burrower shall collect and
<br />FHA NEBRASKA DEED OF TRUST - M ER5 DOCMBgiC ~,IYlhnl~„, 800-6A9-1362
<br />NEDOTZ.FHA 11/01/08 Page4 of 7 www.docmagic.cam
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