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20110126� from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 6 0 DAYS from the date hereof, declining to insure this Security lnstrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailabiliry of insurance is solely due to Lender's failure to remit a moRgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has rcquired immediate payment in full because of Borcower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account wrrent including, to the extcnt they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Inshument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successars in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigis of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not exewte the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrumenr, (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. 1�iotices. Any notice to Borrower provided for in this Security lnstrument sha11 be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. Thc notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any noticc to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in chis paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy ofthe Note and of this Security Instrument. 16. Hazardous 5ubstances. Borrower shall not cause or permit the presencc, use, disposal, storage, or releasc of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to dq anything affccting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presencc, use, or storage on the Property of small quantities of Hazardous Substanccs that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower ]earns, or is notified by any govcrnmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordancc with Emironmcntal Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, othcr flammable or toxic pctrolcum products, toxic pesticides and herbicidcs, volatile so]vents, materials containing asbcstos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmentai Law" means fedcral laws and laws of the jurisdictiou where the Property is located that relate to health, safery or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: ]7. Assignment oT Rents. Borrower unconditionally assigns and transfers to Lender all thc rcnts and revenucs of the Property. Borrower authorizes Lendcr oc Lender's agents to cotlect the rcnts and revenues and hereby directs cach tenant of the Property [o pay the rents to Lender or Lender's agents. However, prior to Lender's notice [o Borrowcr of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and FHA NEBRASKA DEED OF TRUST - MERS DocMagic �§rrnn� aoo-sas-�ssz NEDOTZ.FHA 11/O1/08 Page 4 of 7 www.docmagic.com 1�