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201100136 <br />from the datc hereof, Lender may, at its option, requiro immediate payment in ful] of all suras secured by <br />this Securiry Instrument. A written statement af any authorized agent of the Seeretary datad subsequent to <br />60 DAYS from the date hereof, declining to insure this Security Inatrutt�ent and <br />thc Nate, shall be deerned conclusive proof of such ineligibility. Notwithstanding the foregoing, this option <br />may not be exercised 6y Lender when the unavailability of insurance ia solely due tn I.ender' s failure w remit <br />a mortgage insurance premium to the Secretary. <br />10. Relt�tatement Borrower has a right to be rninstatsd if Lender has requircd immcdiate paymcnt in full <br />because of Harrower's failure to pay an amount due under the Note or this Secutiry Inatrument. This right applies <br />even after foreclasure procoedings are instituted. To reinstate the Sccurity Inatrumant, Borrower shal] tender in a <br />lump sum all amounta required to bring Borrower's account current including, to the extent they are obligations of <br />Borrawer under this Security Instrument, foreclosure casts and reasonable and customary attorneys' fees and expenses <br />properly associated witla the foreclosure proceedin.g. Upon reinstatement hy Horrowcr, thia Security Instrument and <br />the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. <br />However, Lender ia not required to permit reinstatem,ent if: (i) Lender has accepted reinstatement after the <br />commencement of forealoaure praceedings within two years imraediately preccding the coznmencement of a current <br />foreclosure proceeding, (ii) rcinstatennent will preclude forBClosure on different grounds in the future, or (iii) <br />reinstate�ment vvill adversely affect tha priority of the lien created by this Security Instrumernt. <br />11. Borrower Not Releaeed; Farbearsnce by I,ender Not s Waiver. Extension of the timc of payment or <br />modificatian of annortization of the surne sec�ueed by this Securiry Instrument granted by Lender to any successnr in <br />interest of Borrower shatl not operate to release the liabiliry of the ori�nal Borrower or Barrower's successors in <br />interest, Lender shall not be required to commence proceedings against sny successor in interest vx refusa to cxt�nd <br />time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reeson of any <br />demand naade by the original Borrowa or Horrowec' s succcasors in interest. Any forbearance by Lender in exercisin� <br />any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Succes�ors and Aasigns Bonnd; �'oiat snd Several Liability; Co-Signars. The covenants and agreements <br />of this Security Instrument shall bind and benefit the successors and assigns of Lendcr and Barrower, subj�t to the <br />pravisions of paragraph 9(b). Borrower's covenants and agreements ahall he joint and several. Any Barrower who <br />co-signs this Socurity Instrumen,t but does not execute the Nate: (a) is co-signing this Sccurity Instrument only to <br />mortgage, grant snd convey that Barrower's interest in the Property unde� tk►e terms of this 5ecurity Instrument; (b) <br />is not personally obligated to pay the sums secured by thia Security rnstrument; and (c) agreas that Lcnder and any <br />ather Barrower may agrce to extend, madity, forbear or make any accommodations with regard to che terms of this <br />Security Instrurnent or thB Note withnut lhat Borrower's consent. <br />19. Notices. Any noHce to Borrower provided for in this Security Instrument shall be $iven by delivering it or <br />by mailing it by Cust ciass mail unless applica6le law requires use of another method. The notice shall be directed <br />to the Property Address or any othex address Horrpwer dcsignatea by notir,� to L,ender. Any naticc to Lendcr shall <br />be given by first class mail to Lender's address stated herein or any address Lcnder desi�nates by notice to Borrower. <br />Any notice pxovided for in this Sacurity Instrument ahall be deemed to hava been given to Borrower or Lander when <br />$iven as pxovided in this paragraph. <br />l4. Governing Law; Severability. Thie Security Inatrument shall be gaverned by federal law and the law of <br />the jurisdictian in which the Properry is located. In the event that any provision or clause of this Security Instrument <br />or the Note cvnflicts with applicable law, such conflict shall not affect other provisions of this Security Instrunnent <br />or the Note which can be given effect without the conflicting provision. To this end the proviaions of this Security <br />instrument and the Note are declared Go be severable. <br />1S. Borrawer'a Copy. Bprrower shall be given ona conformed copy of tlxe Nate and nf this Security [nstrumont. <br />16. Hazardous Substences, Borrower shall not cause or permit the prtsence, use, disposal, atorage, ar reltase <br />of a�ry Hazardous Substances on � in the Property. Borrower shall not do, nor allow anyane else � da, anything <br />affecting the Property that is in violation of any Environmental Law. The precedang two sentences ahall not apply <br />ta the presence, use, or storage on the Property of small yuantities of Hazardous Substancas that are generally <br />recognized to be appropriate w normal residential uses and to maintenance of the Property. <br />Barrowex shall promptly give Lender written notice of any ir►vestigation, claim, demand, lawsuit or othex <br />actinn by any governmental or regulatory agency ar private pariy involving the Froperry and any Hazardous <br />Substancc or Environmental Law of which Horrowex has actual knowledge, If Horrower learns, or is notified by any <br />governmental or ragulatory autharity, that any rcmoval or other remediation of airy Hazardoua Substances affecting <br />the Proptrty is necessary, Borrower shall promptly take all necessary remedial actions iu accvrdance with <br />Environmental Law. <br />As used in this paragraph 16, "Haaerdous Substauces" are those substances dcfincd as toxic or hazardous <br />subatances by Enviro�unental Law and the following substances: gasoline, kerosene, other flamnna6le or toxic <br />petroleum producta, toxic pesticides and herbicides, volatile eolvents, mat,�rials cantaining asbestos or formaldehydc, <br />and radioactive materials. As used in this paragraph 1 G, "Emironmental T.,aw" means federal lavtrs and Iaws of the <br />juriediction where the Property is located that relate to health, safety or environmental protection. <br />NQN COV�IANTS. &�rrower and Lender further cavenant and agrec as follows: <br />17, Aasignment of Renta. Borrower unconditionally assigns aud tran.afers W Lender all thc rents and rovenues <br />of the Property. Borrower authorizes Lender or Lender's agents to collect the rent� and revenues and hereby directs <br />cach tenant of the Property to pay tt�e rents to �ender or Lender's agents. Howeva', prior to Yrender's notice to <br />Barrower of Borrower's breach of any covenant vr agreement in ihe 5ecurity Instrument, Sorrawear shall collect and <br />FHA NE9RASKA D� 4F TF�187 - MBiS DpCM�/C � 900-B4D-1962 <br />N�0'T'Z.FHA 11/01/OS Page 4 of 7 www.dacnwplc.com <br />� <br />