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201002783
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Last modified
4/28/2010 3:56:36 PM
Creation date
4/27/2010 2:43:28 PM
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DEEDS
Inst Number
201002783
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201002'783 <br />commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the <br />future, ar (iii) reinstatement will adversely affect the priority ofthe lien created by this Security lnsirument. <br />11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension ofthe time of payment or modification <br />oi; amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shat l <br />not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to <br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of <br />the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors <br />in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any <br />right ar remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this <br />Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br />paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Harrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that <br />Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums <br />secured by this Security Instrument; and (c) agrees that bender and any other Borrower may agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. <br />l3. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing <br />it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address <br />or any other address Borrower designates by notice to Lender. Any notice to Lender shalt 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 Instrument <br />shall be deemed to have been given to Borrower 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 <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security lnstnunent ar the Note <br />conflicts with applicable law, such conflict shall not affect other provisions ofthis Security Instrument or the Nnte which can be <br />given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to <br />be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy ofthe Note and of this Security Instrument. <br />1G. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Property. Borrower 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 ofthe Property. <br />Borrower shall promptly give Lender written notice of any 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 $orrawer has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that <br />any removal ar other remediatian of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly <br />take 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 <br />by Environmental Law and the following 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 l6, "Environmental Law" means federal laws and laws of the jurisdiction where the Aroperty is located that relate <br />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 of the <br />Property. Horrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant ofthe <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 ar agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues ofthe Property <br />as trustee for the benefit of Lender and Borrower. This assignment 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 Harrower 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 <br />NEBRASKA FHA DEED QF TRiJST <br />NEBRASKA-MERs <br />ITEM 2696E"5"~(1015D9 <br />ABUVYISMiA,IQO 14283 <br />6196 <br />d~~raaaatdacs° <br />000041A~68 <br />
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