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<br /> <br /> 201100675 <br /> <br /> <br /> <br /> <br /> commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the <br /> future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. <br /> 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification <br /> of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall <br /> not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to <br /> commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of <br /> the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors <br /> in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any <br /> right or remedy. <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this <br /> Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br /> paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br /> Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that <br /> Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums <br /> secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or <br /> make any 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 <br /> it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address <br /> or 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 Instrument <br /> 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 <br /> jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note <br /> conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be <br /> given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to <br /> be 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 <br /> take 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 <br /> by 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 <br /> NEBRASKA FHA DEED OF TRUST 6196 <br /> NEBRASKA-MERS Great!3=6 <br /> ITEM 26961-5 (101509) (Page 5 of 8) <br /> ABUWISHA,10000424274 0000424274 <br />