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<br />200709841 <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 />this Security Instrument. If Lender detennines that any part of the Property is subject to a lien which may attain priority over <br />this Security Instrument, 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 10 days of the gi ving 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 inunediate payment in full of all sums secured by this Security Instrument if: <br />(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument 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. 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 Instmment if: <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 />(ii) The 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 pennit 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 />(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 />Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. <br />(e) Mortgage Not Insured. Borrower agrees 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 the 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 premium to the Secretary. <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 foreclosure <br />proceedings are instituted. To reinstate the Security Instrument, 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 this Security Instrument, <br />foreclosure costs and reasonable and customary attomeys' fees and expenses properly associated with the foreclosure <br />proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect <br />as if Lender had not required immediate payment in full. However, Lender is not required to pennit reinstatement if: (i) Lender <br />has accepted reinstatement after the commencement of foreclosure proceedings within 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 Instrument. <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 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 interest or refuse to extend time for payment or otherwise <br />modify amortization of the sums secured by this Security Instrument 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 and agreements of this <br />Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br />paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signing this Security Instnunent only to mortgage, grant and convey that <br /> <br />NEBRASKA FHA DEED OF TRUST <br /> <br />ITEM T2696L4 (0308}--MERS <br /> <br />(Page 4 of 7 pages) <br /> <br />GREATLAND. <br />To Order Call: 1-80ll-53ll-9393 0 Fax: 616-791-1131 <br /> <br />tie:-- <br />JJ)I< <br />