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2oa.oo44so from the date hereof, Lender rnay, at its option, require irnmediate paytrrent in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 6 0 DAYS from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility, Notwithstanding the foregoing, this option may trot be exercised by Letrder when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender lras required irnmediate payment in full because of Borrower's failure to pay an amount due under the Nvte yr this Security Instrument. 'this tight applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required tv bring Borrower's account current including, to the extent they are obligations of Borrower tinder this Security Instrument, foreclosure costs and reasonable and cuslvmaty attvtneys' fees and expenses prvperly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) [.ender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current 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 Lender Not a Waiver. Extension of the time of payment or modificatiotr of amortization of khe sutras secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the vtiginal Borrower ar .Bortvwer's successvts in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower' s successors in interest. Any forbearance by Lender in exercising any right or remedy shall trot be a waiver of yr preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenatts and agreemetrts of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Bvrtvwet wlrv co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated tv pay the sutras secured by this Security Instrument; and (c) agrees that Lender and any other Borrower rnay agree to extend, modify, forbear or make arty accvtntnodativns with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for itt this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requites use of attvther method. The notice shall be directed to the Property Address or any ether address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein yr any address Lender designates by notice tv Borrower. Any notice provided fvt in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph, 1.4. Governing i..aw; Severabillty. 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 prvvisivtt yr clause of this Security Insttutnent or the Nate conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting ptovisivn. To this etrd the ptovisivus of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one cvnfvrmed 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 on of itr the prvperly, Burrower shall not do, nor allow anyone else tv 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 vn the Property of small quantities of Hazardous Substances that ate generally recognized to be appropriate to normal residential uses and to txraitttenance of the Property. Burrower shall prvtnptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Ilazatdous Substance vt Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental nr regulatory authority, that any removal yr other remediatiou of any Iazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 1G, "lazardous Substances" are those substatces defined as toxic of hazardous substances by Enviromnental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos of formaldehyde, and radioactive materials. As used in this paragraph 16, "Enviromnental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety of environmental protection. NON-UNIFORM COVENANTS. Bvrtvwet 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 Bvrtvwet of Borrower's breach of any covenant vt agreement in the Security Instrument, Borrower shall collect and FMA NEBRASKA DEED OF TRUST -MFRS oacMagtc ~l;~xrmn~s soo-sas-rssz NFJJOTZ.FHA 11!01/08 Page 4 of 7 www.docmaglc.com s c