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201302389 <br />documents submitted in connection with the Loan Application are complete and <br />accurate in all material respects and that there has been no material adverse change in <br />any fact or circumstance that would make any such information incomplete or <br />inaccurate. The submission of false or incomplete information shall be a Covenant <br />Event of Default. <br />42. ESTOPPEL. The Lender is not the agent of HUD. Any action by Lender <br />in exercising any right or remedy under this Security Instrument shall not be a waiver or <br />preclude the exercise by HUD of any right or remedy which HUD might have under the <br />Regulatory Agreement or other Program Obligations. <br />43. ACCELERATION; REMEDIES. If a Monetary Event of Default occurs <br />and is continuing for a period of thirty (30) days, Lender, at Lender's option, may declare <br />the Indebtedness to be immediately due and payable without further demand, and may <br />invoke the power of sale and any other remedies permitted by applicable law or <br />provided in this Security Instrument or in the Note. Following a Covenant Event of <br />Default, Lender, at Lender's option, but so long as the Loan is insured or held by HUD , <br />only after receipt of the prior written approval of HUD, may declare the Indebtedness to <br />be immediately due and payable without further demand, and may invoke the power of <br />sale and any other remedies permitted by applicable law or provided in this Security <br />Instrument or in the Note. Borrower acknowledges that the power of sale granted in this <br />Security Instrument may be exercised by Lender without prior judicial hearing. Lender <br />shall be entitled to collect all costs and expenses incurred in pursuing such remedies, <br />including reasonable attorneys' fees (including but not limited to appellate litigation), <br />costs of documentary evidence, abstracts and title reports. <br />[SEE EXHIBIT B NEBRASKA ADDENDUM FOR ADDITIONAL PROVISIONS.] <br />45. REMEDIES FOR WASTE. In addition to any other rights and remedies <br />set forth in the Note and this Security Instrument or those available under applicable <br />law, including exemplary damages where permitted, the following remedies for Waste <br />by Borrower are available to Lender as necessary to give complete redress to Lender <br />for Lender's loss or damage: <br />Previous editions are obsolete <br />39 <br />44. FEDERAL REMEDIES. In addition to any rights and remedies set forth in <br />the Regulatory Agreement, HUD has rights and remedies under federal law so long as <br />HUD is the insurer or holder of the Loan, including but not limited to the right to <br />foreclose pursuant to the Multifamily Mortgage Foreclosure Act of 1981, 12 U.S.C. 3701 <br />et seq., as amended, when HUD is the holder of the Note. <br />HUD MF Security Instrument HUD- 94000M (Rev.11/12) <br />