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<br /> 201004323
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<br /> from the date hereof Lender may, at its option, require immediate payment in full of all sums secured by
<br /> this Security Instrument. A written statement of any authorized agent of the .Secretary dated subsequent to
<br /> 60 DAYS from the date hereof, declining to insure this Security Instrument and
<br /> the Note, shall b,eAcemed,;.conclusive proof of such ineligibility. Notwithstanding the foregoing, this option
<br /> maynot.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 Instrument. This right applies
<br /> even after foreclosure proceedings: are instituted. To reinstate the: Security Instrument, Borrower shall tender in a
<br /> lump sure all amountsrequired to :bring Borrower's. -account current including, to the extent 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 Instrument and
<br /> the obligations that it secures ;shall remain in effect as if Lender bad 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 immediately 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 or
<br /> modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
<br /> interest of Borrower shall not: operate. to release the liability of the original Borrower or Borrower's successors in
<br /> interest. Lender shall notce required to commence proceedings against any successor in interest or refuse to extend
<br /> time.for payment or otherwisemodify 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 ghall'.bind : and benefrt.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 /> co-signs this Security Instrument but does not execute the Note.:. (a) is co-signing this Security Instrument only to
<br /> mortgage, grant and convey ,thatBorrower'.s interest in the Property:under the terms of this Security Instrument; (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:';o extend; modify, forbear or make any 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.mailvriless 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 Lendee.s:address stated-herein or any address Lender designates by notice to Borrower.
<br /> Any notice provided for in this Security Instrument 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 Instrument 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 .l'aw, such conflict shall not.affect.other provisions of this Security Instrument
<br /> or the Note which can.be. given; Affect without.the:conflieting provision. To this end the provisions of this Security
<br /> 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 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. Borrower 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 on .the. Property of small quantities of Hazardous Substances that are generally
<br /> recognized to be 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 Environmentai.Law. of which Borrower has. actualknowledge. 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 par..agraph. 1.6, "Hazardous. Substances" are 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. 16; "Environmental. Lave means federal laws and laws.of the
<br /> jurisdiction where .the Property is located that relate to health, safety or environmental protection.
<br /> NOWU:NIFORM:.C.OYENANT:S. 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 Lender or Lender' s, agents to collect therents 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 or.agreement in the .Security. Instrument, Borrower shall collect and
<br /> FHA NEBRASKA DEED OF TRUST MFRS DOGMS91C ePWMZ 800.649-1362
<br /> NEDOTZ.FHA 11'/01108 Page.4 of 7 www.docmagk com
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