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2 0120545� <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. Bonower has a right to be reinstated if L.ender has required immediate payment in full <br />because of Bonower'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, Bortower <br />shall tender in a lump sum all amounts required to bring Bonower's account current including, to the <br />extent they aze obligarions of Bonower under this Security Instrument, foreclosure costs and reasonable and <br />customazy attomeys' fees and expenses properly associated with the foreclosure proceeding. Upon <br />reinstatement by Bonower, this Security Instrument and the obligations that it s�ures sha11 remain in effect <br />as if Lender had not required immediate payment in full. However, Lender is not required to permit <br />reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings <br />within two years immediately preceding the commencement of a current foreclosure proceeding, <br />(ii) reinstatement will pr�lude foreclosure on different grounds in the future, or (ui) reinstatement will <br />adversely affect the priority of the lien creat� 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 amortization of the sums secured by this Security Instrument granted by �.ender to any <br />successor in interest of Bonower s1�aU not operate to release the liability of the original Borrower or <br />Borrower's successor in interest. Lender shall not be required to commence praceedings against any <br />successor in interest or refuse to extend time for payment or othervvise modify amortization of the sums <br />secured by this Se,curity Instrument by reason of any demand made by the original Borrower or Borrower's <br />successors in interest. Any forbeazance by I.ender in exercising any right or remedy shall not be a waiver of <br />or preclude ttie exercise of any right or remedy. <br />12. Successors and Assigns Bound; .loint and Several Lialsility; Co-Signers. The covenants and <br />agreements of this Security Instrument shall bind and henefit the successors and assigns of Lender and <br />Bonower, 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 Instrunient 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 Se�urity Instroment; (b) is not gersonally obligate�i to pay the sums secured <br />by this Security Inscrument; 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 norice shall be <br />dir�ted to the Property Address or any other address Bonower designates by notice to L.ender. 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 norice to Borrower. Any norice provided for in this Security Instivment shall be deemed to <br />have been given to Borrower or Lender when 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 Property is located. In the event that any provision or clause of this Security <br />Instnunent 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 S�urity Instrument and the Note are declazed to be severable. <br />15. Borrower's Copy. Bonower shall be given one conformed copy of the Note and of this Security <br />Instrument. <br />FHA Deed of Trust-NE <br />VMP � <br />Wolters Kluwer Financlal Services <br />4/96 <br />VMP4R(NE) (1109) <br />Page 6 of 10 <br />