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201104496
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201104496
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6/17/2011 8:58:49 AM
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6/17/2011 8:58:48 AM
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DEEDS
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201104496
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201�0449� <br />1111058385 <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of <br />Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not <br />be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise <br />modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower <br />or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Lia6ility; Co-signers. The covenants and agreements of this <br />Security Instrument shall bind and benefit the successors and assigns of Lender and Bonower, subject to the provisions of <br />paragraph 9.b. Bonower's covenants and agreements shall be joint and several. Any Bonower 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 lnstrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property <br />Address or any other address Bonower designates by notice to Lender. Any notice to Lender shall be given by first-class mail <br />to Lender's address stated herein or any address Lender designates by notice to Borrower, Any notice provided for in this <br />Security Instrument 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 <br />be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are <br />declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />16. Hazardous Substances. Bonower 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 <br />Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or <br />storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal <br />residential 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 <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br />Law of which Borrower has actual knowledge. If Bonower leams, or is notified by any governmental or regulatory authority <br />that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Bonower shall <br />promptly 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 <br />in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health, safety or environmental protection. <br />NON-iJNIFORM 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 Bonower'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 Bonower: (a) all rents received by Borrower shall be held by Borrower as trustee <br />FHA Nebraska Deed Of Trust - 07/08 <br />� 391.6 Page 5 of 7 <br />
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