Laserfiche WebLink
98�' 1C3�Q8 <br /> 10. Reinstatement Boriower 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 foreclosure proceedings are instituted. To reinstate the Security Instrument,Bonower shall tender in a lump <br /> sum all amounts required to bring Bonower's account current including,to the extent they are obligations of Bonower <br /> under this Security Instrument,foreclosure costs and reasonable and customary attorneys' fees and expenses properly <br /> associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the <br /> obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, <br /> Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of <br /> foreclosure proceedings within two years immediately preceding the commencement of a cunent foreclosure <br /> proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will <br /> adversely affect the priority of the lien created by this Security Instrument. <br /> 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Fxtension 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 liability 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 e�end <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 Bonower'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-Si�ers. The wvenants and agreements of this <br /> Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions <br /> of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this <br /> Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant <br /> and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally <br /> obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may <br /> agree to extend, modify,forbear or make any accommodations with regard to the terms of this Security Instrument or <br /> the Note without that Borrower's consent. <br /> 13. Notices. Any notice to Borrower provided for in this Security 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 to <br /> the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br /> given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.Any <br /> notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given <br /> as provided in this paragraph. <br /> 14. Governing L.aw; 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 <br /> the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the <br /> Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument <br /> and the Note are declared to be severable. <br /> 15. Bormwer's Copy. Borrower shall be given one wnformed copy of the Note and of this Security Instrument. <br /> 16. Ha7ardous Substances. Borrower shall not cause or permit the presence, use,disposal, storage,or release of <br /> any Hazardous Substances on or in the Property. Borrower 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 to <br /> the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized <br /> to be appropriate to normal 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 <br /> by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br /> Environmental Law of which Bonower has actual knowledge. If Borrower learns,or is notified by any governmental <br /> or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is <br /> necessary, Bonower shall 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, <br /> toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive <br /> materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where <br /> 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 /> receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of <br /> rents constitutes 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 Borrower as <br /> trustee for bene�t of Lender only, to be applied to the sums secured by the Security Instrument; (b) I,ender shall be <br /> entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents <br /> due and unpaid to Lender or Lender's agent on 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 act that would <br /> prevent Lender from exercising its rights under this paragraph 17. <br /> Lender shall not be required to enter upon,take control of or maintain the Property before or after giving notice <br /> of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br /> NEBRASKA-FHA DEED OF TRUSP <br /> Document Syrsteme,Ina(800)649.1362 PBgC 4 Of 6 6� <br /> I <br />