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2011U2694 <br />from the date hereof, Lender may, at its option, 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 option <br />may not be exercised by Ler�der when the unavailability of insurance is solely due ro Lender' s failure to remit <br />a mortgage insurance premium to the Secretary. <br />10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in fiail <br />because oF Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies <br />even after foreclosure proceedings are 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 Instrument, foreclosvre costs and reasonable and customary attorneys' fees and expenses <br />properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Sewrity 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 permit reinstatement if: (i) Lender has accepted reinstatement after the <br />commencement of foreclosure proceedings within two years immediately preceding the commencement of a current <br />foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii} <br />reinstatement witl adversely affect the priority of the lien created by this Security ]nstrument. <br />11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the ]iability of the original Borrower or Borrower's successors in <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend <br />time for payment or otherwise modify amortization of the sums secured by this Security Instrument 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 Security Instr�ment shall bind and benefit the successors and assigns of Lender and Borrower, subject to the <br />provisions of paragraph 9(b). Borrower' s covenants and agreements shall be joint and several. Any Borrower who <br />co-signs this Security Instrument but dces not execute the Note: (a) is co-signing this Security Instrument only to <br />mortgage, grani and convey that Borrower's interest in the Property under the terms of this Securiry Instrument; (b) <br />is not personally 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, forbeaz or make any accommodations with regard to the terms of this <br />Security Instrument or the Note wiYhout that Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Securiry Instrument 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 notice 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 Instrument shall be deemed to have been given ro Borrower or Lender when <br />given as provided in this paragraph. <br />14. Governing l,aw; Severability. This Security Instnament 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 af this Security Instrument <br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Securiry lnstrument <br />or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security <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 shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borrowe� 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 shail not apply <br />to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally <br />recognized to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall prompdy give Lender written notice of any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Properry and any Hazardous <br />Substance or Environmental Law ofwhich Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting <br />the Property is necessary, Borrower shall promptly take al( necessary remedial actions in accordance with <br />Environmental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroteum producCS, roxic pesticides and herbicides, votatile solvents, materials containing asbestos or farmdldehyde, <br />and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdiction where the Property is located that relate 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 <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, prior to Lender's notice to <br />Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and <br />FHA NEBRASKA DEED OF TRUST - MFRS DocMagJc�r <br />NEDOTZ.FHA 11f01/OS Page 4 of 7 www,docmagic.com <br />Ili�llll IIIIIIIiI Illi IIII I I li I II II I I II lill II Ilil III III <br />� <br />