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201007097 successors in interest. Any forbearance by Lender in exercising any right ar remedy shall not be a waiver of ar preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Caslgners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Harrower, subject to the pravisians of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is ca signing this Security Instrument only to mart age, gent and convey that Borrower's interest in the Property under the terms of this Security Instrument; ~b) ss not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Harrower may agree to extend. modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's Catscnt. 13. Not[ces. Any notice to Borrower provided for w this Security instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Froparty Address or any other address Borrower designates by notice to Lender. Any notice t4 L,ender shall be given by first class mail to Lender's address stated herein ar any address Lender designates by notice to Borrower. Anynotice provided for in this Security Instrument shall be deemed to have been given to Horrower or Lender whrn liven as provided in this paragraph. l~. Governing haw; Severabtlity. This Securtty Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located, in the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other prnvisians of this Security lnstrumcnt ar the Nnte which can be roan effect without the conflicting pro~•ision. To this end the pravistons of this Security Instrument and the Note are declared to be severable. 15. Borrower's Capy. Borrower shall be given one ennfartned copy of the Note and of this Security Instrument. 16. Hazardous 5ubatances. Borrower shall not cause ar permit the presence, ttse, disposal. storage, or release of any Hazardous Substances on or in the Property. Borrower shall not da. nor allow anyone else to do, anything atI'ecting the Property that is in violation of any Environmental Law. The preceding two. sentences shall not apply to the presence, use, ar storage an the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written naticx of any investigation. claim, demand, lawsuit nr other action by any governmental ar regulatory agency ar private pa involving the Property and an Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If $orrowcr learns, or is notified by any governmental nr regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accardancc with Environmental Law. As used in Wis paragraph 16, "Hazardous Substances" arc those substances defined as toxic ar hazardous substances by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in the paragraph lb, "Environmental [aw" means federal laws and laws of the jurisdictiaa where the Property is located that relate to health, safety or envirnnmcntal protection. NON-UNIFOl3M COVENANTS. Borrower and Lender further covenant and agree as follows: l7. 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 ar Lender's agents. However, prior to Lender's notice to .Borrower of Borrower's breach of any covenant or agreement in the Security instrument, Borrower shall collect and receive all rents and revenues of the Frapel•ty as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment far additional ssxtuity only. If Lender gsves notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only. to be applied to the sums secured by the Security Instrument: (b) Leader shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender ar Lender's agent nn Lender's written demand to the tenant. Borrowcx has not executed any prior assignment of the rents and has not and will oat perform any act that would prevent Lender from exercising its rights under this Paragraph l7. Lender shall not be required to enter upon, take Control of or maintain the Property before ar after giving notice of breach to Borrower. However, Lender ar a judiciall~- appointed receiver may do so at any time there is a breach. Any application of rents shall not curd or waive any default or invalidate any other right or remedy of Lender. 'This assignment of ants of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. if Lender requires immediate payment In full under Paragraph 9, Leader may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect aU expenses incurred to pursuing the rentedles provided in this Section 18, Including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shag record a notice of default In each county in which arty part of the Propparty is located and shall mall copies aP such notice in the manner prescribed by Applicable Law to Borra-ver and to the other persons prescribed by Applicable haw. After the time required by Applicable Law, Trustcc shall give public notice of sale to the persons and in the manner prescribed by. Applicable Law. 'trustee, without demand on Borrower, shall self the Pcoparty at.public auction to the highest bidder at the time and place and under the terms: designated la the notice of sale in one or more parcels and in any order Trustee determines, Trustee may postpone sale of all or any parcel of the Property by public anaotmcement at the time and place of any previously scheduled salt. Lender or its designee Wray purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The reef tale in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the fogowing order: (a) to all costs and aspen:es of exercising the power of sale, sad the sale, including the payment of the Trustee's fees actually incurred and reasonahle attorneys' fee: as permitted by Applicable Law; (b) to all stoma secured by this Security Instrument; and (¢) say excess to the person or persons Irg>tlly entitled to it. If the Lender's interest in this Security lnsrrumeut Is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary Wray invoke the aonJudictal 16256.CV (l l/07) 42tt0618 ~ 4 pf S FI IA Na6raska I]ned of 7nut At ENS GQTn(0fl4dQa51)