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201007926
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Last modified
10/26/2010 4:17:46 PM
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10/26/2010 4:17:46 PM
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DEEDS
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201007926
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20�oo792s <br />from the date hereof, Lendet may, at its option, reyuire iznrnediate payment in full of all sutns secured by <br />this Security Iiasttutnent. A written statemertt of any autktorized agent of the Secretary dated subseyuent 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 />tnay not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to reznit <br />a mortgage itxsurance pretnium to tl�e Secretary. <br />1Q. Reinstatement. Borrower has a right to be reinstated if Lender has required imtnediace paymetat itt full <br />because of Borrvwer's failure tp pay an amount due under the Note or this Security Instrument. This right applies <br />even after foreclosure ptoceedings ate instituted. To reinstate the Secutity Instrurrient, $orrower shall tender in a <br />lump sum all amounts required to bring Borrower's account current including, to the exteut they ate obligations oF <br />Borrower under this Security Instrument, f'oreclosure costs and reasonable and customaty attorneys' fees atxd expenses <br />properly associated with the foreclosure proceeding. Upon reia�statement by Borrower, this Security Instrument and <br />the obligations that it secures shall remain in effect as if Lender had not requited immediate payment in full. <br />llowever, Lendar is a�ot required to permit reitastatement if: (i) Lender has accepted reinstatement atter the <br />commencement of foreclosure proceedings witliin two years immediately preceding the commencement of a cuttent <br />foteclosute ptocaeding, (ii) reinstaternent will preclude foreciosure ora different �rounds in the f'uture, or (iii) <br />reinstatement will adversely affect the priority of tlie lien created by d�is Security Izistxu�nent. <br />11. Borrpwer Not Released; Fprbearance 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 suc:cessor in <br />interast of f3orrower shall not operate to release the liability of the origiaaal Borrower or Borrower's successors in <br />interest. Lender shall not be required to cpmmence proceedin�s against any successor in intetest ot refuse to extend <br />time for payment or othetwise modify amottization of tl�e sums secured by this Security lnstrument by reasou of any <br />demand made by the original f3orrower or 13arrower's successvrs iu intereat. 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 l.,iabilily; Co-Signers. The covenants and agreements <br />of this Security Instrument shall bind and benefit the successors and assigns of Lend�r and $orrower, subject to the <br />provisions of para�;raph 9(b). Borrower's covenants and agreernents shall be joint and several. Any Borrower who <br />co-signs this Security lustrument but does not execute the Note: (a) is co-signit�g this Security lnstrumerat only to <br />mort�age, grant and convey that Borrower' s interest in the Property under the terms of this 5ecutity Instrument; (b) <br />is not personally obligated to pay the sums secured by this Security Iustrument; and (c) agrees that Lender and any <br />pther Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this <br />Security lnstrument or the Note without that Borrower's consent. <br />13. Notices. Any notice to Borrpwer provided for in this Security Instrument shall be given by delivering it or <br />by mailing it by first class mail unless applicable law tequires use of anothet makhod. 'I'he notice sh�ll 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 I3ortowet. <br />Any notice provided for in this Security lttstrumea�t shali be deemed to have been given to Borrower or Lender when <br />given as provided in this paragraph. <br />14. Coverning Law; Severability. This Security Iristrument shall be governed by federal law and tl�e law of <br />the jurisdiction in which tl�e Property is located. In the event that any provision ot clause of this Security Insttument <br />or the Note contlicts with applicable law, such coraflict shall ttot affect other provisions of this Security Instrument <br />or tlie Note wliich can be given effect witliout the conflicting provision. To this end tha provisions of this Secuzity <br />instrument and the Note are declared to be severable. <br />15. Sorrower's Copy. Borrower shall be given one conf`ormed copy of the Note aud of this Security lusttument, <br />16. liaz�rdous Substances. Borrower sl�all uot cause or permit the presence, use, disposal, storage, or release <br />pf flny Hazardous Substances on pr in the Property. Borrower shall not do, nor allow auyone else to do, anything <br />affecting the Property that is in violation of any Environmental Law. Thc preceding two sente►aces shall not apply <br />tv the presence, use, or storage on the Prpperty of small quantities of Hazardous Substances that are generally <br />recognized to be approptiate to normal tesidential uses and to tnaintenance of the Ptoperty. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or otlier <br />action by any governmeutal ot tegulatory agez�cy or private patty invvlvitig tlie Property and any Hazardous <br />Substflnce or Environmental Law of which Borrower has actual knowledge. If Borrower learns, ot is notified by atay <br />governmental or regulatory authority, that any removal or otl�et temediation of atty I�azardous Substances flffecting <br />the l'roperty is necessary, Borrower. shall promptly take all necessary remedial actions in accordatace with <br />�nvironmental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances de��xed as tpxic qr hazardous <br />substances by �nvitontnental Law and the followirtg substauces: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials cot�taiati�ag asbestos or formaldehyde, <br />and tadivactive rnatetials. As used it� this paragraph 1(, "Environmental Law" means federal laws and laws of the <br />jurisdiction where the Propetty is located that telate to health, safety ot etzvitoa�n�ental protection. <br />NON-UN11=0RM COVFJVANTS. Borrower and Lender further covenant and agtee as follows: <br />17. Asslgnment of Renls. Borrower unconditionally assig�a�s and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and kaeceby directs <br />each tenant of the Properky to pay the rents tv Leud�r or Lender's agents. I�owever, prior to Lender's notice to <br />Borrower of Boxrower's breach of any covenant or agreemerat in the Security Instrument, Borrowet shall collect and <br />Borrower Initials: f, �` � � �� � <br />FHA NEBRASKA DEE[7 OF TRUST - MERS <br />NF.DOTZ.FHA 11/01/08 Page 4 of 7 <br />�170CM.7��C �rY9XTi71.RJ'p 8tl0-849-7362 <br />www. docmagk. com <br />
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