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• ,. <br />200908931 <br />(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not <br />require such payments, Lender does not waive its rights with respect to subsequent events. <br />(d) Regulations of HUD Secretary. Ir- many circumstances regulations issued by the Secretary will limit lender's rights, in the <br />case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize <br />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 determined to be eligible for <br />insurance under the National Housing Act within 60 days from the date hereof, lender may, at its option, require immediate payment <br />in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent <br />to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such <br />ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely <br />due to lender's failure to remit 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 Borrower's <br />failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are <br />instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account <br />cunrent including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and <br />customary attorneys' fees and expenses properly associated with the foreclosure proceeding, Upan reinstatement by Borrower, this <br />Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. <br />However, lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure <br />proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will <br />preclude foreclosure an different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this <br />Security Instrument. <br />ll. Harrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate <br />to release the liability of the original 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 far payment or otherwise modify amortization of the sums secured by this <br />Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by <br />Lender in exercising any right or remedy shall not 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 agreements of this Security <br />Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). <br />Borrower's covenants and agreements shall be joint and several. Any Borrower who cn-signs this Security Instrument but does not <br />execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property <br />under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and <br />(c) agrees that Lender and any other Harrower may agree to extend, modify, forbear or make any accommodations with regard to the <br />terms of this Security Instrument 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 delivering it or by mailing it by first <br />class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address <br />Borrower designates by notice to 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 be deemed to have been given <br />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 law of the jurisdiction in <br />which the Property is located. In the event that any provision ar clause of this Security Instrument ar the Note conflicts with applicable <br />law, such conflict shall not affect other 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 Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of <br />any 1nvironmental law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities <br />of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental <br />or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has <br />actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of <br />any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance <br />with Environmental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by <br />Environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, <br />FHA Nebraska Deed of Trust with MFRS -4/96 <br />Page 4 of 6 <br />ios, inc. Initials <br />