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~O~D00871 <br />o116oaaa13 <br />Notwithstanding fhe foregoing, this option may not be exercised by Lender when the unavailability of <br />insurance is solely due to Lcndcr's failure to remit a mortgage insurance premium to the Secretary. <br />lp. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt <br />secured by this Security instrument. Lender may enforce the debt only through sale of the Property. Lender <br />shall not be permitted to obtain a deficiency judgment against Borrower if the Security Instrument is <br />foreclosed. If this Security Instrument is assigned to the Secretary upon demand by the Secretary, Borrower <br />shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the <br />outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. <br />] 1. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in <br />full. This right applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument, <br />Borrower shall correct the condition which resulted in the requirement for immediate payment in full.l~oreclosure <br />costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure <br />proceeding shall be added to the principal balance. Upon reinstatement by Borrower, this Security Instrument <br />and the obligations that it secures shall remain in effect as if Lcndcr had not required immediate payment in <br />full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after <br />the commencement of foreclosure proceedings within two years immediately preceding the commencement <br />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 Security Instrument. <br />I2. Lien Status. <br />(a) Modification. Borrower agrees to extend this Security Instrument in accordance with this <br />Paragraph 12(a). If Lender determines that the original lien status of the Security Instrument is <br />jeopardized under state law (including but not limited to situations where the amount secured by the <br />Security instrument equals or exceeds the maximum principal amount stated or the maximum period <br />under which loan advances retain the same lien priority initially granted to loan advances has expired) <br />and state law permits the original lien status to be maintained for future loan advances through the <br />execution and recordation of one or more documents, then Lender shall obtain title evidence at <br />Borrower's expense. If the title evidence indicates that the Property is not encumbered by any liens <br />(except this Security Instrument, the Second Security Instrument described in Paragraph 13(a) <br />and any subordinate liens that the Lender determines will also be subordinate to any future loan <br />advances), Lender shall request the Borrower to execute any documents necessary to protect the lice <br />status of future loan advances. Borrower agrees to execute such documents. if state law does not permit <br />the original lien status to be extended to future loan advances, Borrower will be deemed to have <br />failed to have performed an obligation. under this Security Instrument. <br />(b) Tax peferral Programs. Borrower shall not participate in a real estate tax deferral program, <br />if any liens created by the tax deferral are not subordinate to this Security Instrument. <br />(c) Pwior Liens. Borrower shall promptly discharge any lien which has priority over this <br />Security Instrument unless Borrower: (a) agrees in writing to the payment afthe obligation secured by <br />the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against <br />enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the <br />enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the <br />lien an agreement satisfactory to Lender subordinating the lien to all amounts secured by this <br />Security instrument. if Lender determines that any part of the Property is subject to a lien which may <br />attain priority over this Security instrument, Lender may give Borrower a notice identifying the lien. <br />Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of <br />the giving of notice. <br />First American Loan Production Services Nebraska HI;CM ARM Security Instrument <br />®2008 First American Rcal Instate Solutions LLC <br />HALI'S# NflFIECMISIA-5 Rev. OS-02-09 Page 5 <br />