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201103�0� <br />(c) secures from the holder of the lien an agreement satisfactory to Lender subordinaring the lien to this Security Instrument. If Lender <br />determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give <br />� Borrower a notice identifying the lien. Borrower shall sarisfy the lien or take one or more of the actions set forth above within 10 days of <br />the giving of notice. <br />8. Fees. Lender may collect fees and chatges authorized by the Secretary. <br />9. Grounds for Acceleration of Deb� <br />(a) Default Lender may, except as limited by regulations issued by the Secretazy, in the case of payment defaults, require <br />nnmediate payrnent in fu11 of all sums secured by this Security Instrument if: <br />(i) Bonower defaults by failing to pay in full azry monthly payment required by this Security Instrument prior to or on the <br />due date of the next monthly paymeat, or <br />(n) Bonower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security <br />Instrumen� <br />(b) Sale R'ithout Ctedit Approval. Lender shall, if pernutted 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 5ecretary, zequire <br />immediate payment in full of all sums seeured 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 otherwise <br />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 or grantee <br />does so occupy the Properiy, but his or her credit has not been approved in accordance with the requirements of the Secretary. <br />(c) No R'aiver. If circumstances occur that would pernut Lender to r�uire immediate payment in full, but Lender does not <br />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 rights, in the <br />case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize <br />acceleration or foreclosure if not permitted by regulations of the Secretary. <br />(e) Mortgage Not Insared. Borrower agrees that if this Security Insu�ument and the Note are not determined to be eligible for <br />insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require unmediate payment <br />in full of all sums secured by this Security Instrument. A written statemettt of any authorized agent of the 5ecretary dated subsequent <br />to 60 days from the date hereof, declining to insure this 5ecwtity Instnunent and the Note, shall Ue deemed conclusive proof of such <br />ineligibility. Notwithstanding the foregoing, this optiott may not be exercised by Lender when the unavailability of insurance is solely <br />due to Lender's failute to remit a mortgage insw�ance premium to the Secretaty. <br />10. Reinstatement Boaower has a right to be reinstated if Lender has required immediate payment in full because of Bortower's <br />failure to pay an amount due under the Note or this Security Instrumen� This right applies even after foreclosure proceedings are <br />instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum a11 amounts required to bring Bonower's account <br />curretrt including, to the extent they are obligations of Borrower under this Secutity Instrument, foreclosure costs and reasonable and <br />customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this <br />Security Instrument and the obligations that it secures sha11 remain in effect as if Lender had not required immediate payment in full. <br />However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of forecloswe <br />proceedings within two years immediately preceding the commencement of a curnnt foreclosure proceeding, (ri) reinstatemeirt will <br />preclude foreclosure on different grouttds in the futwe, or (rii) reinstatement will adversely affect the priority of the lien created by this <br />Security Insttument. <br />11. Borrower Not Released; Forbearance By I.ender Not a Waiver. Extension of the time of payment or modification of <br />amortization of the sums secure�d by this Secutity Instrument granted by Lender to any successor in interest of Borrower sha11 not operate <br />to release the liability of the original Bonower or Borrower's successor in interest. Lender sha11 not be required to comtnence proceedings <br />against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this <br />Secwrity Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by <br />Lender in elctercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bonnd; Joint and Several Liability; Co-5igners. The covenants and agreements of this Security <br />Instrttment shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). <br />Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not <br />execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property <br />under the terms of this Security Instrumetrt; (b) is not personally obligated to pay the sums secured by this Security Instiument; and <br />FHA Nebraska Deed of Trust wffh MERS — 4J86 ded <br />Page 4 of 7 <br />t � , i � IniUal � <br />