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201103938
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201103938
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Last modified
5/26/2011 8:48:42 AM
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5/26/2011 8:48:42 AM
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DEEDS
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201103938
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�0110393� <br />commencement of a current farecFosnre proc�ding, (n� reinstatement will preclude foreclasure on different grounds iva the <br />fut�ra, or (rii) reinstatement wilt adversely affect the priority of fhe li.en created. by this Securiiy Instnament. <br />11. Borrower Not Released; F`orb�rance by Lender Not a W aiver. Extension of the time of paytnent or modificat�ion <br />of amortization of t3�e sums secured by this Security Instrament granted by I.endex to any successor in 'vaterest of Borrower shall <br />not operate to rejease the liability of tlie original Borrower or Borrower's successors in interes�t. Lender sb.all not be required to <br />comnaence proceedings agamst auy successor in interest or refuse to extend tiu�e foz payment or otherwise modify amartazation of <br />tlie swns secvred by thiis Security Instxu�ent by reasan of any deman@ made by t�e origin.al Bonrower or Bazxawez's successozs <br />i.0 iaateres�t. A.ny forbearance by Lender in exercisiug xny night or rsmedy shall not be a waiver of oz preclade the exercise of a�ny <br />right or remedy_ <br />12. Successors and Assigns Bound; Joiw�t and Several Liability; Co-Signers. The covenants and agreements of this <br />Security Instrument shall bind and benefit the successors aad assitgns o€ Lender aad 13orrower, subject to the provisions of <br />paragraph 9(b}. Borrower's covenants and agresments shall be joint and several. Any Borrower who co-signs this Secarity <br />Tnsirument but does not execute �e Note: (a) is co-signiag t1�is Security Tustrument only to mortgage, grant aud con�ey that <br />Bozrower's interest in the Property under the terms of this Security Inst�vment; {b} is not g�rsonally obligated to pay f�e sums <br />secured by t�is Security Instruanent; and (c} agrees that Lender aud any other Banower may agree to extend, modify, forbear or <br />malce any accommodatians with regard ta the teims af this Securi,ty Inst�w�nent or tb.e Note witbout that Borrower's consen� <br />13. Notices. .Any not�ce to Bozxower provided for in ti�is Security lnstrument shall be given by delivering it or by mailing <br />it by fu�st c2ass maii unless applicable Iaw zequires use of another method.. 'Fhe notice shall be directed to the Property Address <br />or any other address Borrowe�r deszg�akates by natice to Lender. Any notice to Lender sha11 be given 1oy first class mail to Leader's <br />address stated. herein or any address Lender designates by notice to Borrawer. Any notice provtded for in #ixis Security Instrument <br />shall be deemed to have been given to Borrower ar Lender when given as provided in this paragraph. <br />14. Governiwg Law; Severability. This Security Instnunent shall he governed by federal law and f�e la.w of the <br />jurisdiction in which the Properiy is Iocated. Tn tlie event tha# any provision or clause of this Security Tnsirument ar the Note <br />conflicts with applicabie Iaw, such conflict shall not affect other provisions of tb.is Security Instrume�nt or the Note which can be <br />given effect without the conflzcting provision. Ta tbis end the provisions of this Security Instrument and t�e Note are declazed to <br />be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Securiiy Instrument <br />16. Hazardoas Substances. Borrower shall not cause or permit the presence, use, disposal, storage, ar release of any <br />Hazardous Substances an or in the Property. Borrower shall not do, nor allaw anyone else to do, anything affecting the Property <br />that is in violation of any Envirozu�nenta.l Law. The �receding two sentences shall uot apply to the preseztce, use, or storage on <br />tk►e k'xoperty of small quantitaes of Hazardous Substances that are gener�lly recogivz�d to be appropriate to normal residentzal <br />uses aud to maantenance of the Property. <br />Borrower shall prompfly give Lender written notice of any investigation, claim, demand,lawsuit or other action by any <br />governmental or regulatory agency ox' private party izuvolving the kroperiy and any Hazardous Substance or Environmental Law <br />of which Barrower has actual l�owledge. If Borrower leac�s, or is notified by any governmental or regulatory authority, that <br />any removal or other remediation of any Hazardons Substances affecting the 1'roperiy is necessary, Borrower shall promptSy <br />take all necessary remediat actions in accordance with Environniental Law. <br />As used in tb�is paragraph 16, "Hazardous Snbstances" are those snbstances defined as toxic or hazardous substances <br />by Envzronmental I.aw and tlxe fdlowi�ag substances: gasoline, ke�rosene, odier flammable or toxic petroleum products, toxic <br />pestici�des and herbicides, volati]e solveuts, mate�rials couta.iniaag asbestos or formaldehyde, and radioaccive materials. As used in <br />ttiis paragaph lb, "Environmental Law" means federal Iaws and laws of t�e jurisdiction �c�vheze the Property is lacated that relate <br />to health, safety or environmental pratection. <br />NON-UNCFORM COVENANTS. Borrawer and Lender further covenant �d agree as follows: <br />i7. Assignment of Rents. Borrower unconditionatly assigns and tr�nnsfers to Lender all tJ�e rents and revenues of the <br />Propezi,y. Borrower authorizes Lender oz I,ender's agenrs ta collect tlae rents and reve�ues and hereby directs each tenant of tbe <br />Property to pay tY�e rextts to Leader ox I.ender's agents. However, prior to I.ender's notice to Bonrower of Borrower's breaeh af <br />auy covenant ar agreement in tl�a Security utst�vment, Borrowe�r shall collect and r�eive ali rents and revenues of the Property <br />as trustee for the benefit of T,ender and Borrower. This assi;nment of rents constatutes an absolute assignment and not an <br />assignment for additional security only. <br />If Lender gi�ves not�ca of breach to Borrower: (a} all rents received by Borrowar shall be held by Borrower as trustee for <br />benefit of Lender only, to be applied to tlze sums secured by ttie Security instaument; (b) Lender shall be entitled to collect <br />1�TEB12A.SKA RHA DEED OF TBUST <br />NEBRASKA-MERS <br />�„ � s,o,�> <br />BAYNE,C0000431353 <br />6d96 <br />GreatDoes° <br />a o�na3�� <br />,. , . . . . , .� . , , ....� .. , � ..�ss�a� <br />
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