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201202385 <br /> Security Instrument.A written statement of any authorized agent of the Secretary dated subsequent to <br /> 60 days from the date hereof,declining to insure this Security Instrument and the Note,shall be <br /> deemed conclusive proof of such ineligibility.Notwithstanding the foregoing,this option may not be <br /> exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a <br /> 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 Instrument.This right <br /> applies even after foreclosure proceedings are instituted.To reinstate the Security Instrument,Borrower shall <br /> tender in a lump sum all amounts required to bring Borrower's account current including,to the extent they <br /> are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary <br /> attorneys'fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by <br /> Borrower,this Security Instrument and the obligations that it secures shall remain in effect as if Lender had <br /> not required immediate payment in full. However,Lender is not required to permit reinstatement if: (i) <br /> Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years <br /> immediately preceding the commencement of a current foreclosure proceeding,(ii)reinstatement will <br /> preclude foreclosure on different grounds in the future,or(iii)reinstatement will adversely affect the <br /> priority of the lien created by this Security Instrument. <br /> 11. Borrower Not Released;ForbearanceBy LenderNot a Waiver.Extension of the time of payment or <br /> modification of amortization of the sums secured by this Security Instrument granted by Lender to any <br /> successor in interest of Borrower shall not operate to release the liability of the original Borrower or <br /> Borrower's successor in interest.Lender shall not be required to commence proceedings against any <br /> successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums <br /> secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's <br /> successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of <br /> or preclude the exercise of any right or remedy. <br /> 12. Successorsand Assigns Bound;Joint and Several Liability;Co-Signers.The covenants and <br /> agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and <br /> Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint <br /> and several.Any Borrower who co-signs this Security Instrument but does not execute the Note: (a)is <br /> co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the <br /> Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured <br /> by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to extend,modify, <br /> forbear or make any accommodations with regard to the terms of this Security Instrument or the Note <br /> 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 <br /> directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice <br /> to Lender shall be given by first class mail to Lender's address stated herein or any address Lender <br /> designates by notice to Borrower.Any notice provided for in this Security Instrument shall be deemed to <br /> have been given to Borrower or Lender when given as provided in this paragraph. <br /> 14. GoverningLaw; Severability.This Security Instrument shall be governed by Federal law and the law of <br /> the jurisdiction in which the Property is located. In the event that any provision or clause of this Security <br /> Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this <br /> Security Instrument or the Note which can be given effect without the conflicting provision.To this end the <br /> provisions of this Security Instrument and the Note are declared to be severable. <br /> FHA Mortgage WITH MERS-NE Revised 4/96 Amended 7(04 <br /> VMP® VMP4N(NE)(1105)00 <br /> Wolters Kluwer Financial Services Page Sat 10 <br /> 1111111 II IIIIIIIIIIIIIIIIIII1IIIIIIIIIIII <br /> q03306679012 0233 291 0610 <br /> • i <br />