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<br />from the date hereof, Lender may, at its opfion, require immediate payment in full of all sums secured by :-
<br />this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to
<br />6 0 DAYS from the date hereof, declining to insure this Security Instrument and
<br />the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this oprion
<br />may not be exercised by Lender when the unavailability of insurance is solely due to Lender' s failure to remit
<br />a mortgage insurance premiuxn to the Secretary.
<br />10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
<br />because of Borrower' s failure to pay an amount due under the Note or this Security Instrument. This right applies
<br />even after foteclosure proceedings aze instituted. To reinstate the Securiry Instrument, Borrower shall tender in a
<br />lump sum all amounts required to bring Borrower' s account current including, to the extent they are obligations of
<br />Borrower under this Security Inshvment, foreclosute costs and reasonable and customary attorneys' fees and expenses
<br />properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this 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 is not required to pernut reinstatement if: (i) Lender has accepted reinstatement after the
<br />commencement of foreclosure proceedings within two yeazs immediately preceding the commencement of a current
<br />foreclosure proceeding, (ii) reinstatement will preclude forecloswe on different grounds in the future, or (iii)
<br />reinstatement will adversely affect the priority of the Iien created by this Security Instrument.
<br />11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or
<br />modification of amorfization of the sums secwed by this Security Instrument granted by Lender to any successor in
<br />interest of Borrower shall not operate to releasa the liability of the original Borrower or Bonower's successors in
<br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
<br />titne for paytnent or otherwise modify amortization of the sums secured by this Security Inshument by reason of any
<br />demand made by the original Borrower or Borrower' s successors in interest. Any forbearance by Lender in exercising
<br />any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
<br />12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements
<br />of this Securiry Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
<br />provisions of pazagraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Bonower who
<br />co-signs this Security Instruxnent but does not execute the Note: (a) is co-signing this Security Instrument only to
<br />mortgage, grant and convey that Borrower' s interest in the Property under the terms of this Security Instrument; (b)
<br />is not personalIy obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
<br />other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this
<br />Security Instrument or the Note without that Borrower' s consenk
<br />13. No6ces. Any notice to Borrower provided for in this Security Insmiment shall be given by delivering it or
<br />by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed
<br />to the Property Address or any other address Borrower designates by notice to Lender. Any norice to Lender shall
<br />be given by first class mail to Lender' s address stated herein or any address Lender designates by notice to Borrower.
<br />Any notice provided for in this Security Inshvment shall be deemed to have been given to Borrower or Lender when
<br />given as provided in this paragraph.
<br />14. Governing Law; Severability. This Securiry Inshument shall be governed by federal law and the law of
<br />the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instruxnent
<br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Inshument
<br />or the Note which can be given effect without the conflicting provision. To this end the provisions of this Secwity
<br />Instrument and the Note are declared to 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 shail not cause or permit the presence, use, disposal, storage, or release
<br />of any Hazardous Substances on or in the Property. Bonower shall not do, nor allow anyone else to do, anything
<br />affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply
<br />to the presence, use, or storage on the Properfy of small quanrities of Hazardous Substances that are generally
<br />recognized to be appropriate to normal residential uses and to maintenance of the Property.
<br />Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other
<br />acrion by any govemmental or regulatory agency or private party involving the Property and any Hazardous
<br />Substance or Environmental Law of which Borrower has actual knowledge. If Bonower learns, or is notified by any
<br />govemmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting
<br />the Properry is necessary, Borrower shall promptly take atl necessary remedial actions in accordance with
<br />Environmental Law. �
<br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as to�cic or hazardous
<br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
<br />petroteum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
<br />and radioactive materials. As used in this pazagraph 16, "Environmental Law" means federal laws and laws ofthe
<br />jurisdicrion where the Property is located that relate to health, safety or environmental protection.
<br />NON-UNIFORIIA COVENANTS. Borrower and Lender fiuther covenant and agree as follows:
<br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues
<br />of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs
<br />each tenant of the Property to pay the rents to Lender or Lender's agents. However, priar to Lender's notice to
<br />Bonower of Borrower' s breach of any covenant or agreement in the Security Instrument, Borrower shall collect and
<br />Borrower Initials: �4 _
<br />FHA NEBRASKA DE�D OF TRtJST - MB2S
<br />NmOTZ.FHP, 11/01108
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