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201102270
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3/23/2011 12:06:32 PM
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3/23/2011 12:06:32 PM
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DEEDS
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201102270
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20�1022�� <br />V2 WBCD LOAN # 503153439 <br />(i) Borrower defaults byfailing 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 fhis <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. 1701 j-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 <br />purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance <br />with the requirements of the Secretary. <br />(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but <br />Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. <br />(d) Regutations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit <br />Lender's righis, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. <br />This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the <br />Secretary. <br />(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined <br />to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, <br />at its option, require immediate payment in full of all sums secured by this Security Instrument. A written <br />statement of any authorized agent of the Secretary dated subsequent t� 60 days from the date hereof, declining <br />to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. <br />Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance <br />is solely due to 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 <br />of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after <br />fareclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all <br />amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under <br />this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly <br />associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the <br />obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender <br />is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure <br />proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) <br />reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the <br />priority of the lien created by this Security Instrument. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. <br />Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand <br />made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right <br />or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements <br />of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the <br />provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who <br />co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to <br />mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is <br />not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other <br />Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security <br />Instrument or the Note without that Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Security tnstrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given <br />by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as <br />provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and <br />the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borrower shalf not do, norallow anyone else to do, anything affecting <br />the Property that is in violation of any Environmentat Law. The preceding two sentences shall not apply to the presence, <br />use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be <br />appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or <br />FHA Nebraska Deed of Trust- 4/96 i Initials <br />Online Documents, fnc. Page 4 Of 6 E HA 02 <br />' 03-16-2011 15:46 <br />
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