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200409989 <br />If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform <br />any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding <br />that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for <br />condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to <br />protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard <br />insurance and other items mentioned in Paragraph 2. <br />Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower <br />and be secured by this Security Instrument. These amounts shall bear interest from the date of <br />disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless <br />Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable <br />to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal <br />proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures <br />from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security <br />Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority <br />over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall <br />satisfy the lien or take one or more of the actions set forth above within 10 days of the 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 of <br />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 <br />section 341(d) of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j -3(d)) <br />and with the prior approval of the Secretary, require immediate payment in full of all sums <br />secured 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 residence, <br />or the purchaser or grantee does so occupy the Property, but his or her credit has not been <br />approved in accordance with the requirements of the Secretary. <br />(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in <br />full, but Lender does not require such payments, Lender does not waive its rights with respect to <br />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 if <br />not permitted by regulations of the Secretary. <br />(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not <br />determined to be eligible for insurance under the National Housing Act within 60 days from the <br />date hereof, Lender may, at its option, require immediate payment in full of all sums secured by <br />this 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 />Borrower Initials <br />GMD 0173 (499) Page 4 of 7 FHA Nebraska Deed of Trust <br />