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201101�0� <br />(e) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the <br />requirements of the Secretary, or conveyance of a trusYs interests in the Property to a <br />Borrower, shall not be considered a conveyance for purposes of this Paragraph 9. A trust shall <br />not be considered an occupant or be considered as having a principal residence for purposes <br />of this Paragraph 9. <br />(fl Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note not <br />be eligible for insurance under the Nationai 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 <br />Security Instrument. A written statement of any authorized agent of the Secretary dated <br />subsequent to 60 days from the date hereof, declining to insure this Security Instrument and <br />the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, <br />this option may not be exercised by Lender when the unavailability of insurance is solely due to <br />Lender's failure to remit a mortgage insurance premium to the Secretary. <br />10. 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. <br />Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security <br />Instrument is foreclosed. If this Security Instrument is assigned to the Secretary upon demand by <br />the Secretary, Borrower shall not be liable for any difference between the mortgage insurance <br />benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by <br />Borrower at the time of the assignment. <br />11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate <br />payment-in-full. This right applies even after foreclosure proceedings are instituted. To reinstate this <br />Security Instrument, Borrower shall correct the condition which resulted in the requirement for <br />immediate payment-in-full. Foreclosure costs and reasonable and customary attorney's fees and <br />expenses properly associated with the foreclosure proceeding shall be added to the principal <br />balance. Upon reinstatement by Borrower, this Security Instrument and the obligations that it <br />secures shall remain in effect as if Lender had not required immediate payment-in-full. However, <br />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 <br />commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on <br />different grounds in the future, or (iii) reinstatement will adversely affect the priority of the Security <br />Instrument. <br />12. 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 lnstrument is <br />jeopardized under state law (including but not limited to situations where the amount secured <br />by the Security Instrument equals or exceeds the maximum principal amount stated or the <br />maximum period under which loan advances retain the same lien priority initially granted to <br />loan advances has expired) and state law permits the original lien status to be maintained for <br />future loan advances through the execution and recordation of one or more documents, then <br />Lender shall obtain title evidence at Borrower's expense. If the title evidence indicates that the <br />property is not encumbered by any liens (except this Security Instrument, the Second Security <br />Instrument described in Paragraph 13(a) and any subordinate liens that the Lender <br />determines will also be subordinate to any future loan advances), Lender shall request the <br />Borrower to execute any documents necessary to protect the lien status of future loan <br />III Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll <br />q0324138146702330000000y <br />Mortgage Cadence, LLC OO 0228 07/07 (5 of 10) Nebraska Deed of Trust HECM FIXED RATE <br />