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2/1/2013 8:21:58 AM
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2/1/2013 8:21:58 AM
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DEEDS
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201300811
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will limit Lender's rights in the case of payment defaults, to require immediate payment in full <br />and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure <br />if not permitted by regulations of the Secretary. <br />(e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note <br />are not to be eligible for insurance under the National Housing Act within 60 days from the date <br />hereof, Lender may, at its option, require immediate payment in full of all sums secured by this <br />Security Instrument. A written statement of any authorized agent of the Secretary dated <br />subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the <br />Note shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this <br />option may not be exercised by Lender when the unavailability of insurance is solely due to <br />Lender's failure to remit a mortgage insurance premium to the Secretary. <br />10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment <br />in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This <br />right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower <br />shall tender in a lump sum all amounts required to bring Borrowed account current including, to the extent <br />they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and <br />customary attorney's fees and expenses properly associated with the foreclosure proceeding. Upon <br />reinstatement by Borrower, this Security Instrument and the obligations that it secures shall 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, (ii) <br />reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely <br />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 <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to any 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. Successors and 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 and <br />several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- signing <br />this Security Instrument only to mortgage, grant and convey that Borrower's interest in the property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make <br />any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's <br />consent. <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by <br />delivering it or by mailing it by first class mail unless applicable law requires use of another method. The <br />notice shall be directed to the Property Address or any other address Borrower designates by notice to <br />Lender. Any notice to Lender shall be given by first -class mail to Lender's address stated herein or any <br />address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be <br />deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be governed by federal law and <br />the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this <br />FHA Nebraska Deed of Trust - 06/12 <br />Oil 391.15 Page 5 of 8 <br />20130081/ <br />1111068900 <br />
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