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201600443 <br />tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they <br />are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary <br />attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by <br />Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had <br />not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) <br />Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years <br />immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude <br />foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien <br />created by this Security Instrument. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment <br />or modification of amortization of the sums secured by this Security Instrument granted by Lender to any <br />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 successor <br />in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this <br />Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in <br />interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the <br />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 <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 Security Instrument; (b) is not personally obligated to pay the sums secured <br />by this Security Instrument; 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 without <br />that Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering <br />it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall <br />be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice <br />to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates <br />by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been <br />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 the <br />law of the jurisdiction in which the Property is located. In the event that any provision or clause of this <br />Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of <br />this Security Instrument or the Note which can be given effect without the conflicting provision. To this end <br />the provisions of this Security Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or <br />release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to <br />do, anything affecting the Property that is in violation of any Environmental Law. The preceding two <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the <br />Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified <br />by any governmental or regulatory authority, that any removal or other remediation of any Hazardous <br />Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal <br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental <br />protection. <br />NEBRASKA- Single Family - FHA Security Instrument <br />Form 94128 1/96 <br />Laser Forms Inc. (800) 446 -3555 <br />LFI #FHA94128-MERS 9/11 Page 5 of 7 Initials:TMV) CA 5 <br />