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201005158 <br />9. Growndsivr /lcaelerationof Debt, <br />(a) Due and Payable. Lander may t+equre immediate payment in fuY a[ ad sums secured by <br />ie Security Instrument if: <br />{i) A Borrower dies and the Pnaperty is not the prirtapal r~sidenoe of at feast one <br />surviving Borrower, or <br />(ii) All of a Borrower's title in the Property _ (ar his or her beneftcial interest in a mist <br />owning all ar part of the Pmperty} rs sold ar otherwise transferred and no other <br />Borrower retains true to the Proper[y in. fee simple or retains a leasehold under a lease <br />for not less than 99 years which is renewable ar a lease having a <br />remaining period of not less than 50 years beyond the date of the tUDth birthday of <br />the yo eat Borrower or retains a life estate (or retaining a benefiaal interest in a trust <br />with such an interest in the Property)- <br />(b) Due and Payable tenth $ecr+etary A~apraval. Lender may require immediate payment in <br />full of all sums secured by this Secunty Instrument, upon approval of the Seaietary, if: <br />(r) The Property ceases to be the principal residence of a Borrower for reasons other <br />than death and the Properly is not the principal residence of at least one other <br />Harrower; or <br />(ii) For a period of bnger than twelve iz) consecutive months, a Bornawer fails #o <br />occupy the Property because of ph sica~ or mental illness and the Property is oat the <br />nc>Ipal residence of at least one other Borrower; ar <br />iii) An obligation of the Borrower under this Security Instrument is not performed. <br />#h~ Notice to Lander. borrower shall notify Lender whenever any of the events listed in <br />~s Paragraph (a) (~) ar (b) occur. <br />(d) Notice to Secretary and Borrower. Lender shalt notify the Secretary and Bornower' <br />whenever the loan becomes due and payable under Paragraph 9 (a) (ii) ar {b~ Lender shall <br />not have the right to aammence foreclosure until Borrower has had thirty (17) days after <br />notice to either: <br />(i) Gorrect the matter which resulted in the Security tnstrument coming due and <br />yab[e; or <br />ii) Pay the balance in full; or <br />iii) Sell the Property far the lesser of the balance or 95% of the appraised value and <br />pphr the net proceeds of the sale toward the balance; yr <br />ro provide the Lender with a deed in lieu of foreclosure. <br />(e) Trusts. Canoeyan~e of a Borrower's interest In the Property to a trust which meets the <br />requirements of the Secretarryy or conveyance of a trust's interests in the Prep~ty to a <br />Borrower, shall not be considered a conveyance for purposes of this Paragraph 9. A trust <br />shall not be considered an occupant or be considered as having a principal residence for <br />urpase~ of this Paragraph 9. <br />gf) Mortgage Not Insuried. Borrower agrees that should this Security Instrument and the <br />ate oat be eligible for Insurance under the Nafianal ousing Act within <br />sI7(TY DAYS from the date hereof, if rrnitted by applicable law t-ender may, <br />at its option, require immediate payment in full of ell sums secured by this Security <br />Instrument. A written statement of any authorized agent of the Secretary dated <br />subsequent to aI~ t~xs from the date hereof, declining th insure this Security <br />Instrument and the Note, shall be deemed conclusive proof of such ineligibility. <br />Notwithstanding the faregvirtg, this option may not be exercised by Lender when the <br />unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance <br />premium to the Secretary- <br />10. No Deflclency Judgmenu. Borrower shall have no personal liability for payment of the <br />debt secured by this 5eeurity lnsirument. Lender may enforce the debt only through sale of the <br />Property. Lender shall oat be permitted, th obtain a deficiency judgment against Borrower if the <br />Security Instrument is farecbsed. If ihrs Security .Instrument rs assigned to the Secretary upon <br />demand by the Secretary, Bonriwer shall not be liable for any difference between the mortgage <br />insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, <br />awed by Borrpwer at the time of the assignment. <br />11. Reinstatement. Borrower has a right to be reinstated if Lander has required immediate <br />payment in full. This right applies even after forecbsure proceedings are instituted. To reinstate <br />this Security Instrument, Harrower shall correct the condition which n3sufted in the requirement for <br />immediate payment in full. Foreclosure costs and <br />First American Loan Production Seivk;es Nebwaska HECM Security Instrument <br />© 2Dt)8 First American Real Estate Solutions LLC <br />FALPS # LIB03 : 06/08 Page ~ <br />MMFI, #i8807NE tOFNE] <br />