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<br />12. Successors and Assigns Baund; ,��int and Several Liability; Co-SiKners. The covenants �ind �ibreements
<br />ot' thi5 Security lnstrument shall hind and benefit the successors and assigns of L.ender ancJ Borrowcr, subject to the
<br />provisions of paraaraph 9(b), Borrower's covcnants ��nd agreements shall he jc�int ancl scveral. Any Borrowcr who co-
<br />sibns tl7is Security Instrument bul does noc execute th�. Note: (a) is c;o-signing this Security Instrument only to morCgage,
<br />granc ana a>nvey that Borrower's inlerest in the Prnperty under the lerms of this Security Instrument; (b) is not personally
<br />obligatcd to pay the sums sccured by Chis Security Jnstrument; and (c) abrees that Lender �nd any o(hcr Borrower may
<br />agree to extencJ, moclify, farbe�r or make any accommodations wi1.h rc�drd to che lerms of this Sccurity [nstrument or Chc
<br />Notc wit}�out that Borrower's consent.
<br />L3. Noti�es. Any notice to Borrower provided fc�r in this Security Instrument shall be givc;n by delavc;ring it or
<br />by mailing it by Eirst class mail unless ��pplicabl� law requires use of another method. The notice shall be direcCed t�� the
<br />Property Address c�r any other address Borrower d�signates by noti�e to Lender. Any ❑otice to Lender st�<<ll be nivcn by
<br />first d<<ss m�il t.o Lcndcr's address stated herein or any acJdress Lender dcsi�nates by notice to Borrower. Any notice
<br />providcd for in tllis Security Cnstrument shall be deemed to have been aiven to Borrow�;r or Lender whc:n �iven as
<br />provi�ed in this paragraph.
<br />l4. Guvernin�; I.;aw; Severability. Tllis Security fnsCrument shall he �ovcrned by Federal law `r�nd lhe l�iw of �he
<br />_juri:5dictic�n in which the Propercy is located. ln thc: event that any provision or clause of this Security Instrumc;nt or the
<br />Note cc�nflicts with ap}7licable law, such coraflict shail not affect other provisions of this Security lnstrumenl �r the NoCc
<br />which can be given effect without che conllicting provision. To this end the provisions ok chis Security Instrument <�nd
<br />the Nc�te are clec:lared to he severable.
<br />lS. I3orrower's Copy. Borrower shall he given on� conformed copy of the Note ��nd ol this Security lnstrument.
<br />1.6. Hazardous Substances. Borrower shall not cause ��r permit ihe presence, use, disposal, stora;c, or releasc
<br />of any Harardous Substances on nr in the Property. Borrower shall not do, nor allow anyone elsc tc� cJo, anything
<br />affectin� the Property that is in violation of any �nvironmental Law. "Che preceding two sentcnces shall nol apply to thc
<br />presence, use, or storage on thc. Property of small quantitic:s of� :Hazardous Substanccs that are generally rc.cobnizcd t��
<br />be appropriate to normal residcntial uscs and to maintenance of the Properly.
<br />$orrower shall promptly give Lcnder written notice of any investigation, claim, deman�, lawsuit or other act�on
<br />hy any gove;rnmental or regulaCory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any ;ovcrnment��l or
<br />re�ulatory auchority, that any removal or other remediation of any Harardous Suhstances aPPecting �he Property is
<br />necess�ry, Bc�rrc�wer tihall promptly t.ake all necessary remedial actions in accordance with Environmcncal L<<w.
<br />As use�l in this paragraph 16, ".Hazardous Substances" are those subst�inces definc.d �s toxic or k�a•r.ardous
<br />substances by Environmental Law and thc: followinb substanccs: gasc�line, kerosene, ocher flammablc or toxic pctrolcum
<br />products, toxic pesticidcs and herhicides, volatile solvents, macerials containind asbestc7s or form�ildehyd�:, <<nd r<<dioac.tive
<br />materials. As used in this para�;raph 16, "Environmental Law" mcan.s federal laws and laws of the jurisdiction where thc
<br />Property is located that relate to healfh, saPety or environmental protection.
<br />NON-UNIFC)RM CC)VI(NAN"1'S. BOCCOWe� dild L811vBC further cc�venant and agree as follows:
<br />17. Assi�nm�nt of Rents. Borrower unconditionally assigns and transfers lo Lendcr all the rents �nd revenucs
<br />of the ProE7erty. Borrower auChorizes Lender or Lender's <igent5 to collect thc rents and revenucs <<ncl here;hy �lireccs each
<br />tcnant of the Prop�rty t.o pay the rents to LF;nder or Lender's agents. Howcver, prior to Lc:nder's ��c��icc to Sorrower
<br />of $orrower's hreach of any covenant or agreement in the Sccurity Instrument, Borrower shall collcct ancl rcceive all rc;nts
<br />ancl revenues ol the Property as trustee for [he benefit ��f Lender and B<�rrower. This assignment of rcnts consticu�es
<br />an absolutc; Gissibnment and not an assignment fnr additional security only.
<br />If Lender bives notice of bre�ich to Borrower: (a) 2i11 renks received by Borrowcr shall be helcl by Borrowcr as
<br />trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall bc
<br />enfitled co collect and reccive all of the rents of the Property; and (c) each tenant of the Property shall pay Gill re;nts cluc
<br />and unpaid to l.ender or Lender's agcnt an Lender's written �lemand to the tenant.
<br />Bc�rrower has not exccuted any prior assignment of the rents �nd hns not and will not pc:ri'orm any acC Ch�.i� would
<br />prc;vent I.,ender frc�m exercising iCs rights under this paragraph l7.
<br />Lender shall not be reyuired to enter upon, take control of or maintain the ProperCy be[�orc or aCter giving noticc
<br />of breach t.o Borrc�wer. However, Lender or a_judicially appointed receiver m�y do so at any time therc is a breach. Any
<br />applicatic7n of rents shall not curc c�r waive any default or invalidate any c�ther righc or remedy ol� Lendc;r. This <�ssignmcnt.
<br />of rents of the Property shall terminate when tlre debt secured hy the Security InsCrument is p�.iid in full.
<br />18. l�r�reclosure Yrocedure. If T,ender requires immediate payment in full under p�raKraph y, Lender may
<br />inv�►ke the power of sale and �ny other remedics permitted by �►pplicable law, Lender shall be entitled to collect
<br />al) expenses incurred in pursuing the remedies under this paragruph 18, including, but not limited to, reasonable
<br />attorneys' fees and costs nf title evidence.
<br />If the power of' s�►le is invoked, 'I'rustee shall record � nntice of default in each county in which any part of
<br />the I'roperty is locuted and shall mail copies af such noCice in the manner prescribed by applicable I:�w to 13orrower
<br />and to the other persons prescribed by applicable law. After the time required hy applicuble law, 'I`rustee shall Kive
<br />public notice of' sale to the persons and in the manner N�rescribed by applicable I�w. 'Crustee, wikhout demund on
<br />Borrower, shall sell the Property at public auction to the hi�hest bidder at the time and ��lace :�nd under the terms
<br />desi�nuted in the nc�tice ot" sale in one or more parcels and in any order I'rustee determines. "1'rustee may postpone
<br />sale of' all or any pareel of the Property by public announcement s►t the time and place of any previously scheduled
<br />sule. l,ender or its desi�nee may purchase the Yrnperty at any sale.
<br />iJpon receipt of payment of the price bid, Trustee shall deliver to the purchaser '1'rutitee's deed conveying
<br />the Prvperty. '1'he recitals in the `Crustee's deed shall be prima facie evidence of the truth of' the st�tements made
<br />therein. 'l'rustee shall apply the prnceeds of the sale in the tollowing order: (A) to all costs and expenses of
<br />exercising the Nower of sale, �nd the sale, includin�; the p�yment of the '1'rutitee's fees actually incurred �nd
<br />reasonable attorneys' fees �s permitted by I�tw; (b) to all sums secured by this Security Instrument; and (c) any
<br />excess to the Nerson or persons legally entitled to it.
<br />If the I,ender's interest in this Security Instrument is held by the Secretury and the Seeretary requires
<br />immediate payment in full under Paragraph 9, the Secretary may inv��ke the n��n,judicial power of' sale provided in
<br />the Single Family Mort�age 1�'oreclosure Act of 1994 ("Act") (12 U.S.C. 3751. et se�) by requestinR a foreclosure
<br />commissioner designated under the Act to commence f'oreclosure and to sell the I'roperty us provided in the Act.
<br />Nothin�; in the preceding sentence tihall deprive the Secretury of any rights otherwise available to a Lender under
<br />this Paragraph 18 or s�pplicable law.
<br />l9. Reconveyance. Upon payment of' all sums secured by this Security Inslrumenl, Lender shall rcques� Trustec
<br />to reconvey thc Property and shall surrendcr this Security Instrument and all notes evitlencing debt sccured by this Securit.y
<br />Instrumcnt tc� Trustee. Trustee shall recc�nvey the Property without w�rrdnty and without charge to the person or persons
<br />le�,ally enlicled to it. Such person or persons shall p�y any recordation costs.
<br />NEBRASKA FHA DEED OF TRUST t/o2 (Page 4 of 5 Pages)
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