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201109515 <br />paid. 'Tivs Security Instrument do� not authorize acceleration or foreclosure if not permitted by regulations <br />of the Secretary. <br />(e) Mortgage Not Ins�ed. Borrower agrees that if this Security Instrument and the Note are not <br />determined to be eligible for insurance under the National Housing Act within 6 0 DAYS <br />from the date hereof, Lender may, at its option, requite immediate paymecn in full of all s�s secwed by <br />this Security Instrument. A written statement of any suthorized agent of the Secretary dated subsequent to <br />6 0 DAYS from the date hereo� declining to insure this Security Instrument a� <br />the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, tlus op6on <br />may not be erzercisedby Lender when the unavailability of insivance is solely due to Lender' s failure to remit <br />8 IISOif�B. incimanCE F1['CII]1llLII 1A 1110 $8CI8�ST}'. <br />10. Reinstatement Borrower has a right to be reinstated if Lender has required immediate payment in full <br />because of Bonower's failwe w pay an amount due under the Note or tUis Security Instrumen� Tlvs right applies <br />even after foreclos�ue proceedings aze instituted. To reinstate the Security Instrumen; Borrower shall tender in a <br />l�m►p sum all amounts required to bring Boaower's account ciurent including, to the extent they are obligations of <br />Borrower under Uris Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses <br />properly associated with the foreclosure proceeding. Upon reinstatement by Bonower, this Secutity Instrument and <br />the obligations that it sec�ues shall remain in effect as if Lender had not required immediate payment in full. <br />Howevet, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the <br />commencement of foreclostue proceedings within two yeazs immediately preceding the commencement of a current <br />forecloswe proceeding, (ii) reinstatement will preclude foreclosure on different groimds in the fimire, or (iii) <br />reinstatement will adversely affect the ptiority of the lien cteated by this Security Instrument <br />11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or <br />modification of amor6�tion of the sums secured by this Security Instrument granted by Lendet to any successor in <br />intetest of Borrower shall not operate to release the liability of the original Borrower or Bonower's successors in <br />inter�t. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend <br />time for payment or otherwise modify amorti7arion of the s�s seciured by this Secucity Instrument by reason of azry <br />demand made by the original Bonower or Borrowet' s successors in interest. Any forbearance by Lender in exercising <br />any right or remedy shall not be a waiver af or preclude the exercise of any right or remedy. <br />12. Saccasors and Assigns Bonnd; Joint and Several Liability; Co-Signers. The covenants and agreements <br />of this Security in�►*�n*+�t shall bind and benefit the succeasors and assigns of Lender and Borrower, subject to the <br />provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and sevetal. Any Boirower who <br />co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to <br />mortgage, grant and convey that Bonower' s interest in the Properry under the terms of this Security Insh�ument; (b) <br />is not personally obli�ated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any <br />other Borrower may agree to extend, modify, forbear or make azry accommodations with regard to the terms of this <br />Security Inshvment or the Note without that Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Sec�sity Insttument 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 Srst class mail to Lender' s address stated herein or any address Lender designates by notice to Bonower. <br />Any notice provided for in this Security Instrumeat shall be deemed to have been given to Bonower or Lender when <br />given as provided in this paragraph.. <br />14. Governing Iaw; Severabflity. This Security Instrument shall be governed by federal law and the law of <br />the jurisdiction in wlrich the Property is located In the event t6at any provision or clause of this Security Instrument <br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument <br />or the Note wlrich can be given effect without the conflicting provision. To this end the provisions of Uvs Security <br />Instnmment and the Note are declazed to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Inslrument <br />16. Hazardons Snbstances. Borrower shall not cause or permit the presence, use, disposal, storage, or release <br />af any Ha�ardous 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 <br />to the presence, use, ar storage on the Property of small quanfities of Ha�ardous Substances thai are generally <br />recognized 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 othet <br />action by any governmental or regulatory agency or private party involving the Property and any Ha�rdous <br />Substance or Environmental Law of wlrich Borrower has actual imowledge. ff Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other remediation of any Ha�ardous Substances affecting <br />the Property is n�ssary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in Uvs pazagraph 16, "Ha7ardous Snbstances" aze those substances defined as toacic or ha�ardous <br />substances by Enyironmental Law and the following substances: gasoline, kerosene, other flammable or toacic <br />petrole� products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in this paragraph 16, "Enviro�ental L.aw" means federal laws and laws of the <br />jurisdiction where the Property is located that relate ta health, safety or environmental protection <br />FliA N�RASKA D� OF TRUST - MERS p�dNeg►e � <br />NmOTZ.FHA 05/23/11 Page 4 of 7 www,dcrn�aglc.mm <br />�I�I�I I�I I�I I� II� I I� I�� I I IIIIU II�I� I� <br />