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201103425 <br />9. Groundsfor Accelerationof Debt. <br />(a) Due and Payable. Lender may require immediate payment in full of all sums secured <br />by this Security Instrument if: <br />(i) A Borrower dies and the Property is not the principal residence of at least one <br />surviving Borrower; or <br />(ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust <br />owning all or part of the Property) is sold or otherwise transferred and no other <br />Borrower retains title to the Property in fee simple or retains a leasehold under a lease <br />for not less than 99 years which is renewable or a lease having a remaining period of <br />not less than 50 years beyond the date of the 100th birthday of the youngest <br />Borrower or retains a life estate (or retaining a beneficial interest in a trust with such <br />an interest in the Property); or <br />(iii) The Property ceases to be the principal residence of a Borrower for reasons other <br />than death and the Property is not the principal residence of at least one other <br />Borrower; or <br />(iv) For a period of longer than twelve (12) consecutive months, a Borrower fails to <br />occupy the Property because of physical or mental illness and the Property is not the <br />principal residence of at least one other Borrower; or <br />(v) An obligation of the Borrower under this Security Instrument is not performed. <br />(b) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in <br />Paragraph 9(a)(ii }(v) occur. <br />(c) Notice to Borrower. Lender shall notify Borrower whenever the ban becomes due and <br />payable under Paragraph 9 (a)(ii }(v). Lender shall not have the right to commence <br />foreclosure until Borrower has had thirty (30) days after notice to either. <br />(i) Correct the matter which resulted in the Security Instrument coming due and <br />payable; or <br />(ii) Pay the balance in full; or <br />(iii) Sell the Property for the lesser of the balance or 95% of the appraised value and <br />apply the net proceeds of the sale toward the balance; or <br />(iv) Provide the Lender with a deed in lieu of foreclosure. <br />(d) Trusts. Conveyance of Borrower's interest in the Property to a trust which meets the <br />requirements of the Secretary, or conveyance of a trust's interests in the Property to a <br />Borrower, shall not be considered a conveyance for purposes of this Paragraph 9. A trust <br />shall not be considered an occupant or be considered as having a principal residence for <br />purposes of this Paragraph 9. <br />10. No Deficiency.ludgments. Borrower shall have no personal liability for payment of the <br />debt secured by this Security Instrument. Lender may enforce the debt only through sale of the <br />Property. Lender shall riot be permitted to obtain a deficiency judgment against Borrower if the <br />Security Instrument is foreclosed. <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 <br />this Security Instrument, Borrower shall correct the condition which resulted in the requirement for <br />immediate payment In full. Foreclosure costs and reasonable and customary attorneys' 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 fooreclosure proceedings within two years immediately preceding the <br />commencement of a current foreclosure proceeding, (n) 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 <br />this Paragraph 12(a). If Lender determines that the original lien status of the Security <br />Instrument is jeopardized under state law (including but not limited to situations where <br />the amount secured by the Security Instrument equals or exceeds the maximum principal <br />amount stated or the maximum period under which ban advances retain <br />First American Loan Production Services Nebraska NEW SODOM SftL ty Inetasttent <br />® M First American Real Estals Solutions LLC <br />FALPSM UB11: 04106 NMFL #B906NE Doc Id: QGNE Page 4 <br />