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201009598
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Last modified
1/11/2011 1:58:29 PM
Creation date
12/22/2010 4:09:36 PM
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DEEDS
Inst Number
201009598
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<br /> <br /> <br /> <br /> 241009598 <br /> <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security <br /> Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph <br /> 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but <br /> does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest <br /> in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this <br /> Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any <br /> accommodations with regard to the terms of this 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 by mailing it <br /> by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or <br /> any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's <br /> address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security <br /> Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br /> 14. Governing Law; Severability. This Security Instrument shall be governed by Federal. law and the law of the jurisdiction <br /> in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br /> applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect <br /> without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be <br /> 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 of any <br /> Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property <br /> that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on <br /> the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential <br /> uses and to maintenance of the Property. <br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any <br /> governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law <br /> of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that <br /> any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take <br /> all necessary remedial actions in accordance with Environmental Law. <br /> As used in this Paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by <br /> Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic <br /> pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in <br /> this Paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate <br /> to health, safety or environmental protection. <br /> NON-UNIFORM COVENANTS. 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 of the <br /> Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the <br /> Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of <br /> any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property <br /> as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an <br /> assignment for additional security only. <br /> If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for <br /> benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and <br /> receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or <br /> Lender's agent on Lender's written demand to the tenant. <br /> Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent <br /> Lender from exercising its rights under this Paragraph 17. <br /> GV2171-6 (696) Page 6 of 8 FHA Nebraska Deed of Trust <br /> IIIII IIIII IIIII 111111111111111111111111111111 IN IIIIIII III IIIIII 11111111111111111111111 <br /> 1 1 0 1 2 7 8 6 9 1 G V 2 1 7 1 <br /> U <br />
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