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201006459
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1/11/2011 2:34:35 PM
Creation date
9/9/2010 3:27:35 PM
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DEEDS
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201006459
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201000459 <br />(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of <br />payment defaults, require immediate 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 <br />Instrument prior to 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 <br />contained in this Security Instrument. <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section <br />341(d) of the Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 17Q1 j-3(d)) and with the <br />prior approval of the Secretary, require immediate payment in full of all sums secured by this Security <br />Instrument if: <br />(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is <br />sold or otherwise transferred (other than by devise or descent), and <br />(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the <br />purchaser or grantee does so occupy the Property but his or her credit has not been approved in <br />accordance with the requirements of the Secretary. <br />(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, <br />but Lender does not require such payments, Lender does not waive its rights with respect to subsequent <br />events. <br />(d) Regulations of H[JD Secretary. In many circumstances regulations issued by the Secretary will <br />limit Lender's rights, in the case of payment defaults, to require immediate payment in full and <br />foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not <br />permitted by regulations of the Secretary. <br />(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not <br />determined to be eligible for insurance under the National Housing Act within 60 days from the date <br />hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security <br />Instrument. A written statement of any authorized agent of the Secretary dated subsequent to b0 days <br />from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed <br />conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised <br />by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage <br />insurance premium to the Secretary. <br />10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in <br />full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right <br />applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender <br />in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations <br />of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and <br />expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security <br />Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment <br />in full. However, Lender is not required to permit reinstatement if; (i) Lender has accepted reinstatement after the <br />commencement of foreclosure proceedings within two years immediately preceding the commencement of a current <br />foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) <br />reinstatement will adversely affect the priority of the lien created by this Security Instrument. <br />11. Borrower Nat Released; Forbearance By Lender Nat a Waiver, Extension of the time of payment <br />ar modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor <br />in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend <br />time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br />FHA Nebraska Deed of Trust with MFRS-4/96 Amended 7/04 <br />4N(NE) (0407).01 Page 5 of 10 <br />Initials~~ <br />
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