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201204258 Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, de.clining to insure this Security Instrument and the Note, sha11 be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Bonower has a right to be reinstated if Lender has required immediate payment in full because of Bonower' s failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Bonower sha11 tender in a lump sum all amounts required to bring Bonower' s account current including, to the extent they aze obligations of Bonower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Bonower, this Security Instrument and the obligarions that it secures sha11 remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. E�ctension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Bonower shall not operate to release the liability of the original Borrower or Bonower's successor in interest. Lender sha11 not be required to commence proceedings against any successor in interest or refiuse to extend time for payment or otherwise modify amorti7ation of the sums secured by this Security Instrument by reason of any demand made by the original Bonower or Bonower' s successors in interest. Any forbearance by Lender in exercising any right or remedy sha11 not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument sha11 bind and benefit the successors and assigns of Lender aaid Borrower, subject to the provisions of paragraph 9(b). Bonower's covenants and agreements sha11 be joint and several. Any Bonower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower' s interest in the Property under the terms of this Security Instruxnent; (b) is not personally obligated to pay the sums secured by this Se,curity Instrument; and (c) agrees that Lender and any other Bonower may agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrument or the Note without that Borrower' s consent. 13. Notices. Any notice to Bonower provided for in this Security Instrument sha11 be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice sha11 be directed to the Property Address or any other address Bonower designates by notice to Lender. Any notice to Lender sha11 be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in tlus Security Instrument shall be deemed to have been given to Bonower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument sha11 be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict sha11 not a.ffect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note aze declazed to be severable. 2200283535 D V4NNE FHA Mortgege WITH MERS-NE (, � Revised 4/98 Amend 7/04 VMP � VMP4N(NE) �1105) Wolters Kluwer Financlal Servlces �� Page 6 of 10 ry