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201102�7� <br />1111057579 <br />Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. <br />If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation to enforce laws or regulations), then <br />Lender may do and pay whatever is necessary to protect the value of the property and Lenders rights in the Property, including <br />payment of taxes, hazard insurance and other items mentioned in paragraph 2. <br />Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured <br />by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option <br />of Lender, shall be immediately due and payabie. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary. <br />9. Grounds for Acceleration of Debt. <br />(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, <br />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 Instrument prior <br />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 contained in this <br />Security Instrument. <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the <br />Garn-St Germain Depository Institutions 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 or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or <br />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 purchaser <br />or grantee does so occupy the Property but his or her credit has not 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 Lender <br />does not require such payments, Lender does not waive its rights 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 if not permifted by regulations of the Secretary. <br />(e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note are not to be <br />eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its <br />option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of <br />any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this <br />Security Instrument and the Note shall be deemed conclusive proof of such ineligibility. Notwithstanding the <br />foregoing, 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. Reinstatement. Borrower has a right 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 all 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 customary attorneys' 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 required to permit reinstatement if: (i) Lender <br />has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the <br />commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the <br />FHA Nebraska Deed Of Trust - 07/08 <br />�� 391.6 Page 4 oF 8 <br />