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201109003
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Last modified
1/5/2012 9:47:00 AM
Creation date
12/2/2011 8:47:32 AM
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DEEDS
Inst Number
201109003
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�Q1109Q03 <br />though Lender may be unable to collect amounts owed under the Note because of restrictions <br />in this Paragraph 13. <br />14. Forbearance by Lender Not a Walver. Any forbearance by Lender in exercising any right or <br />• remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />' 15. Successors and Assigns Bound; Joint and Several Llabllity. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may <br />not assign any rights or obligations under this Security Instrument or under the Note, except to a <br />trust that meets the requirements of the Secretary. Borrower's covenants and agreements shall be <br />joint and several. <br />16. Notices. Any notice to Bo�rower provided for in this Security Instrument shall be given by delivering <br />it or by mailing it by first class mail unless applicable law requires use of another method. The notice <br />shall be directed to the Property Address or any other address all Borrowers jointly designate. Any <br />notice to Lender shall be given by first class mail to Lender's address stated herein or any address <br />Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be <br />deemed to have been given to Borrower or Lender when given as provided in this Paragraph 16. <br />17. Governing Law; Severabllity. This Security Instrument shall be govemed by Federal law and the <br />law of the jurisdiction in which the Property is located. In the event that any provision or clause of <br />this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other <br />provisions of this Security Instrument or the Note which can be given effect without the conflicting <br />provision. To this end the provisions of this Security Instrument and the Note are declared to be <br />severable. <br />18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security <br />Instrument. <br />NON-UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and <br />revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and <br />revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's <br />agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or <br />agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of <br />the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes <br />an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by <br />Borrower as tnastee for benefit of Lender only, to be applied to the sums secured by this Security <br />Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) <br />each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on <br />Lender's written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any <br />act that would prevent Lender from exercising its rights under this Paragraph 19. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after <br />giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at <br />II I III IIIIIIIIII II I Ill�lllllllllullllllllll�llllll IIIIII II I IIIIIIIII II I III III <br />q0330066775102330000000i <br />Finale Document Services O 0228 07/07 (7 of 10) Nebraska Deed of Trust HECM FIXED RATE <br />
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