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201000801
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2/5/2010 2:38:01 PM
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2/5/2010 2:38:00 PM
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DEEDS
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201000801
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2oiooo8oi <br />directly to the entity which is nwed the payment. Lf failure to pay would adversely affect Lender's interest in the Property, upon <br />Lender's request Borrower shall promptly furnish to bender receipts evidencing these payments. <br />If Borrowex fails tv make these payments ar the payments required by paragraph 2, ar fails to perform any other covenants <br />and agreements contained in this Security Instrument, ar there is a legal proceeding that may significantly affect Lendex's rights <br />in the Property (such as a proceeding in bankruptcy, fox condemnation or to enforce laws ox xegulations), then Lender may do <br />and pay whatever i$ necessary to pxatect the value of the Property and Lender's rights in the Properly, including payment of <br />taxes, hazard insurance and ath®r items mentioned in paragraph 2. <br />Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrowex and be secured by <br />this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note xate, and at the option of <br />Lender shall be immediately due and payable. <br />Borrower shall pxomptly discharge any lien which has priority over this Security Instrument unless Harrower: (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 the <br />lien by, or defends against enforcement of the lien ip, legal proceedings which in the Lendcx's opirrian operate to prevent the <br />enforcement of the lien; or (c) secures from the holder of the lien an agxeement satisfactory to Lender suboxdinatpag the lien to <br />this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this <br />Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more <br />of the actions set forth above within 1D 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. Lendex may, except as limited by xegulations issued by the Secretary in the case of payment defaults, <br />require immediate payment in full of all sums secured by this Security Instrument <br />(i) Borrower defaults by failing to pay in full any mnnthly payment required by this Security Instrument prior <br />to or on the due date of the next monthly payment, ar <br />(ii) Borrower defaults by failing, fnr 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 sectinn 341(d) of the <br />Gam-St. Germain. Depositary Iustitutions 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 />(i) All ar part of the Property, or a beneficial interest in a trust owning all ax part of the Property, is sold or <br />otherwise transferred (other than by devise ar descent), and <br />(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser <br />ar grantee does sa occupy the Fropexty, but his or her credit has net 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 Lendex <br />does not xequire such payments, Lander does not waive its xights 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 ifnot permitted by regulations of the Secretary. <br />(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Nate are not determined to <br />be eligible for insurance under the National Housing Act within 60 days from the date hereof, <br />Lender may, at its option require immediate payment in full of all sums secured by this Security Instrument. A <br />written statement of any authorized agent of the Secretary dated subsequent to BO days from the <br />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 <br />insurrance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. <br />l.p. Reinstateaaent. Borrnwer has a night 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 aA 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 custarrrary attameys' 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 requvred to permit reinstatement if: (i) Lender <br />has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the <br />NEBRASKA FRA DEED QF TRUST <br />NEBRASKA-MFRS tt <br />WE~NER,SDOD0413313 <br />6/9b <br />((GreatDocs° <br />OOO~a133'1~3 <br />
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