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200409989
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Last modified
10/16/2011 9:51:14 PM
Creation date
10/21/2005 4:55:01 AM
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DEEDS
Inst Number
200409989
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200409989 <br />10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in <br />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, <br />Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, <br />to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and <br />reasonable and customary attorney's 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 <br />foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or <br />(iii) 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 of <br />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 of <br />the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br />Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not <br />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 <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 <br />secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to <br />extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument <br />or the Note without that Borrower's 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 <br />be 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 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 <br />provisions of this Security Instrument or the Note which can be given effect without the conflicting <br />provision. To this end 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 <br />to 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 <br />the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or <br />other action by any governmental or regulatory agency or private party involving the Property and any <br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, <br />or is notified by any governmental or regulatory authority, that any removal or other remediation of any <br />Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. <br />Borrower Initials C k � <br />GMD 0173 (499) Page 5 of 7 FHA Nebraska Deed of Trust <br />
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