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201201861 <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (includittg <br />section 341(d} af the Garu-St. Germain Depositary Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) <br />and with the prior approval of the Secretary, require immediate payment in full of all sums secured <br />by thus Security Instn�ment if: <br />{i) All or part of the Property, or a beneficiai interest in a trust owning atl or part of the <br />Property, is sold or otherwise transferred (other than by devise or descent), and <br />(ii} T'he Property is not occupied by the purchaser or grantee as his ar her principal residence, <br />or the purchaser ar grantee does so occupy the Property, hut his or her credit has not been <br />approved in accordance with the requirements of the Secretary. <br />(c} No Waiver. If cit�cumstances occur that would permit Lender to require immediate payment <br />ut fizll, but Lender does not require snch payments, Lender does not waive its rights with respect to <br />subsequent events. <br />(d) Regulatians a£ HUD Seeretary. �n znany circw��stances regulations issued by the Secretary <br />will limit Lender's rights, in the case of payment defaults, to require i.tnmadiate payment in full and <br />foreclase if not paid. This Security Instrument does not authorize acceleration or foreclosure if not <br />permitted by regula#ions of the Secretary. <br />{e) Mortgage Not Insu�red. Bonrower agrees that if this Security Instt�ument and the <br />Note aze not deterrnined to be eligible for insurance under the National Housing Act within <br />6d days from the date hereof, Lender may, at ifis aption require immediate payment <br />in full of aII sums secured by this Security Instrument. A written statement of any authorized agent <br />of the Secretary dated subsequent to 60 days from the date hereof, declining to <br />insur8 this Secunity Ia:stn�ruent and the Note, shall be deerned conr•lusive proof of such ineligibitity. <br />Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of <br />insurance is solely due to Lander's failure to remit a mortgage insurance premium to the Secretary. <br />l0. Reinstatemen�. Borrower has a right ta be reinstated if Lender has required immediate payment in full <br />because of Borrower's failure to pay an amount due under the Note ar this Security Instrument. This right applies <br />even after fareclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a <br />lump sum all amounts required to bring Boirowez's account current including, to tbe extent they are obligations <br />of Borrower under this Securitty bast,ruuaent, foreclosure costs and reasonabje and customary attorneys' fees and <br />expenses properly associated wifih the foreclosure proceeding. Upon reinstateznent by Borrower, this Security <br />Inst�vment and the obligations that it secures shall remain in effect as if Lender had not requ.ired immediate <br />payment in full. However, Lender is not required to permit reinstatement if: {i) Lender has accepted reinstatement <br />after the commencemenY of fareclosure proceedings within two years zmnnediately preceding the commencement <br />of a current foreclosure proceedang, (ii) reinstatement will preclude foreclosure on different grounds in the future, <br />or {iuj reinstatement wiil adversely afFect the priority of the lien created by this Security InstrUment. <br />11. Borrower Not Released; �'arbearance by Lender Not a Waiver. Extension of tl�e tinne of payment <br />or modification of amortization ofthe sums secueed by this Security Instnunent granted by Lender ta any successor <br />in interest of Borrower shall not operate to release the liabiliry of the original Borrower or Borrower's successors <br />in i.nterest. Lender shalt not be required to commence proceedings aga.inst any successor in in#erest or refuse to <br />extend time for payment or otherwise modify amortization of the sums secured by this Security Insixument by <br />reason of any demand made by tlae original Bonower or Barrower's successors in interest. Any forbeaeance by <br />Leuder in exercising any right or remedy shall not be a waiver of or preclude #he exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joiat aud Several Liability; Co-Signers. The covenants and <br />agreements af this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 9(b). Borrower's cavenants and agreements shall be joint and several. Any <br />Borrawer who co-signs this Security Instniment but does nat execute the Note: (a} is co-signing this Security <br />Instrument only to mortgaga, grant and canvey t1�at Borrower"s interest in the Properiy under the terms of tlus <br />Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and <br />(c) agrees that Lender and any other Borrower may agree to eactend, modify, forbear or rnalce any accommadations <br />with regard to the fierms of this Security Instrument or the Note withaut that Borrower's consent. <br />NEBRASKA FHA 13EED OF TRUST <br />NEBRASKA-MERS <br />REM 2698L5 (091911) <br />BAYNE,C0000441 S81 <br />6(96 <br />GrealDocs� <br />(Page b of 9} <br />oaao�a�ss� <br />