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<br />200700543 <br /> <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees <br />in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith <br />the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to <br />prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender <br />subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien <br />which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower <br />shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. <br /> <br />8. Fees. Lender may collect fees and charges authorized by the Secretary. <br /> <br />9. Grounds for Acceleration of Debt. <br /> <br />(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, <br />require immediate payment in full of all sums secured by this Security Instrument if: <br /> <br />(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior <br />to or on the due date of the next monthly payment, or <br /> <br />(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this <br />Security Instrument. <br /> <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the <br />Garn-St Germain Depository Institutions Act of 1982,12 U.S.C. 1701j-3(d)) and with the prior approval of the <br />Secretary, require immediate payment in full of all sums secured by this Security Instrument if: <br /> <br />(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or <br />otherwise transferred (other than by devise or descent), and <br /> <br />(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser <br />or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the <br />requirements of the Secretary. <br /> <br />(e) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender <br />does not require such payments, Lender does not waive its rights with respect to subsequent events. <br /> <br />(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's <br />rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This <br />Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. <br /> <br />(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be <br />eligible for insurance under the National Housing Act within 60 days from the date hereof~ Lender may, at its <br />option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of <br />any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this <br />Security Instrument 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 solely due to <br />Lender's failure to remit a mortgage insurance premium to the Secretary. <br /> <br />10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of <br />Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after <br />foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all <br />amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this <br />Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with <br />the foreclosure 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 required to permit <br />reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two <br />years 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 created by <br />this Security Instrument. <br /> <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. <br />Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or <br />remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br /> <br />GV2171-4 (696) Page 4 of7 <br /> <br />FHA Nebraska Deed of Trust <br /> <br />"DJ\ <br />~ <br />