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201109881
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12/30/2011 8:51:45 AM
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12/30/2011 8:51:45 AM
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DEEDS
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201109881
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201109�81 <br />paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations <br />ofthe Secretary. <br />(e) Mortgage Not Insured. Bonower agrees that if this Security Instrument and the Note are not <br />determined to be eligible for insurance under the Narional Housing Act within 6 0 DAYS <br />from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by <br />this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to <br />6 0 DAYS from the date hereof, declining to insure tlus Security Instrument and <br />the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option <br />may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit <br />a mortgage insurance premium to the Secretary. <br />10. Reinstatement. Borrower 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 Insttument. This right applies <br />even after foreclosure proceedings are instituted. To reinstate the Security Instroment, Borrower shall tender in a <br />lump sum all amounts required to bring Bonower's account current including, to the extent they are obligations of <br />Bonower under this Security Instrument, foreclosure costs and reasonable and customary attomeys' fees and expenses <br />properly associated with the foreclosure proceeding. Upon reinstatement by Bonower, this Security Instrument and <br />the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. <br />However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the <br />commencement of foreclosure proceedings within two yeazs immediately preceding the commencement of a current <br />foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) <br />reinstatement will adversely affect the priority of the lien created 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 aznortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Bonower shall not operate to release the liability of the original Bonower or Bonower's successors in <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend <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; CaSigners. The covenants and agreements <br />of this 5ecurity Instrument shall bind and benefit the successors and assigns of Lender and Bonower, subject to the <br />provisions of paragraph 9(b). Bonower's covenants and agreements shall be joint and several. Any Bonower who <br />co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Insfixment only to <br />mortgage, grant and convey that Borrower' s interest in the Property under the terms of this Security Instrument; (b) <br />is not personally obligated 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 any accommodations with regard to the terms of this <br />Security Instrument or 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. T'he 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 first class mail to Lender' s address stated herein or any address Lender desigaates by notice to Bonower. <br />Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when <br />given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be govemed by federal law and the law of <br />the jurisdiction in which the Properly is located. In the event that 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 which can be given effect without the conflicting provision. To this end the provisions of this Security <br />Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />16. Hazardous Substances. Bonower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Bonower 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, or storage on the Property of small quanrities of Hazardous Substances that are generally <br />recognized to be appropriate to normal residenrial uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other <br />action by any govemmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any <br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting <br />the Property is necessary, Bonower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in this pazagraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdiction where the Property is located that relate to health, safety or environmental protection. <br />FHA NEBRASKA DEm OF TRUST - M ERS DocMeglc � <br />NmOTZ.FHA 05/23/11 Page 4 of 7 www.docmaglc.com <br />� II ',1 .� �.� �� �1 � 1 � I � <br />� ,I ` �, � ��; ��� � �� <br />�'�� ��� ` 1�_�i} ��,i4�� � r�l'�� htil' ��e ii'i' <br />
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