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201502082
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4/3/2015 4:20:23 PM
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DEEDS
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201502082
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LOAN #: 122782 <br />attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. <br />Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the <br />giving of notice. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary. <br />9. Grounds for Acceleration of Debt. <br />(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case <br />of payment defaults, require immediate payment in full of all sums secured by this Security <br />Instrument if: <br />(i) Borrower defaults by failing to pay in full any monthly payment required by this Security <br />Instrument prior to or on the due date of the next monthly payment, or <br />(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations <br />contained in this Security Instrument. <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section <br />341(d) of the Garn -St. Germain Depository Institutions Act of 1982, 12 U.S.G. 1701j -3(d)) and <br />with the prior approval of the Secretary, require immediate payment in full of all sums secured <br />by this Security Instrument if: <br />(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the <br />Property, is sold or otherwise transferred (other than by devise or descent), and <br />(ii) The Property is not occupied by the purchaser or grantee as his or her principal resi- <br />dence, or the purchaser or grantee does so occupy the Property but his or her credit has <br />not been approved in accordance with the requirements of the Secretary. <br />(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment <br />in full, but Lender does not require such payments, Lender does not waive its rights with respect <br />to subsequent events. <br />(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary <br />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 if this Security Instrument and the Note are <br />not determined to be eligible for insurance under the National Housing Act within 60 days <br />from the date hereof, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. A written statement of any authorized agent of the Secretary <br />dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument <br />and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the <br />foregoing, this option may not be exercised by Lender when the unavailability of insurance is <br />solely due to 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. <br />This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, <br />Borrower shall tender in a lump sum all amounts required to bring Borrower's account current includ- <br />ing, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs <br />and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure <br />proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures <br />shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not <br />required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of <br />foreclosure proceedings within two years immediately preceding the commencement of a current fore- <br />closure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) <br />reinstatement will adversely 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 <br />of payment or modification of amortization of the sums secured by this Security Instrument granted by <br />Lender to any successor in interest of Borrower shall not operate to release the liability of the original <br />Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings <br />against any successor in interest or refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instrument by reason of any demand made by the original Borrower <br />or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall <br />not be a waiver of 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 <br />and several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- <br />signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property <br />under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this <br />Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear <br />or make any accommodations with regard to the terms of this Security Instrument or the Note without that <br />Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by deliv- <br />ering 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 <br />shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />FHA Nebraska Deed of Trust - 4/96 <br />Ellie Mae, inc. Page 4 of 6 <br />201502082 <br />NEVFHADE 0814 <br />NEVFHADE <br />03/31/2015 02:50 PM PST <br />
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