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200705702
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7/6/2007 4:02:15 PM
Creation date
7/6/2007 4:02:14 PM
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DEEDS
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200705702
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<br />200705702 <br /> <br />enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to <br />tins Security Instnllnent. If Lender detennines that any part of the Property is subject to a lien which may attain priority over <br />this Security Instnllnent, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or <br />more of the actions set forth above within I 0 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 payment defaults, <br />require immediate payment in full of all sums secured by this Security Instnlment if: <br />(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instollnent prior to <br />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 contained in this <br />Security Instrument. <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the <br />Gam-St. Gennain Depository Institutions Act of 1982, 12 D.S.C. 1701j-3(d)) and with the prior approval of the <br />Secretary, require immediate payment in full of all SUIns secured by this Security Instnllnent if: <br />(i) All or part of the Property, or a beneficial interest in a tmst owning all or part of the Property, is sold or <br />otherwise transferred (other than by devise or descent), and <br />(ii) TIle Property is not occupied by the purchaser or grantec as his or her principal residence, or the purchaser or <br />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 />(c) 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 WitIl respect to subsequent events. <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 Security <br />Instnllncnt does not authorize acceleration or foreclosure if not pennitted by regulations of the Sccretary. <br />(e) Mortgage Not Insured. Borrower agrccs that if this Security Instrument and the Note are not detennined to be <br />eligible for insurance under the National Housing Act within eight months <br />from tile date hereof, Lender may, at its option require immediate payment in full of all sums secured by this <br />Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to <br />eight months from the date hereof, declining to insure this Security <br />Instrument and the 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 Lender's failure to remit <br />a mortgage insurance prcmium to the Secretary. <br />10. Reinstatement. Borrower has a right to be rcinstated if Lender has required immediate payment in full because of <br />Borrower's failure to pay an amount due uuder the Note or this Security Instmment. This right applies even aftcr foreclosure <br />proceedings are instinlted. To reinstate the Security Instnllnent, Borrower shall tender in a lump sum all amounts required to <br />bring Borrower's account current including, to the extent they are obligations of Borrower under iliis Security Instnllnent, <br />foreclosure costs and reasonable and customary attomeys' fees and expenses properly associated with the foreclosure <br />proceeding. Upon reinstatement by Borrower, this Security Instnllllent and the obligations iliat it secures shall remain in effect <br />as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender <br />has accepted reinstatement after the commencement of foreclosure proceedings wiiliin two years immediately preceding the <br />commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the <br />future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instnllnent. <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 Instmment granted by Lender to any successor in interest of <br />Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall <br />not be required to commence proceedings against any successor in intcrest or refhse to extend time for payment or oilierwise <br />modify amortization of the SUlllS secured by this Security Instmment 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 not be a waiver of or <br />preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants mId agreements of this <br />Security Instnllnent shall bind and benefit the successors and assigns of Lender mId Borrower, subject to tile provisions of <br />paragraph 9(b). Borrower's covenants mId agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instmment but does not exeeute the Note: (a) is co-signing this Security Instrument only to mortgage, grdnt mId convey that <br /> <br />NEBRASKA FHA DEED OF TRUST <br /> <br />ITEM T2696L4 (030a}-MERS <br /> <br />(Pa!:e4oj7I'age,') ~ 5':7 <br /> <br />GREATLAND. <br />To Order Cell: 1-800-53(}-9393 0 Fax: 616-791-1131 <br />
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