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201104210
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Last modified
9/14/2011 12:19:38 PM
Creation date
6/6/2011 9:00:46 AM
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DEEDS
Inst Number
201104210
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�01104210 <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) <br />of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior <br />approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument <br />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 <br />or otherwise transferred (other than by devise or descent), and <br />(ii) The Properiy is not occupied by the purchaser or grantee as his or her principal residence, or the <br />purchaser or grantee does so occupy the Properiy but his or her credit has not been approved in <br />accordance with the requirements of the S�retary. <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) Regulations of HLTD Secretaiy. In many circumstances regulations issued by the Secretary will limit <br />Lender's rights, in the case of payment defaults, to require immediate payment in fu11 and foreclose if not <br />paid. This Security Instrument does not authorize accelerarion or foreclosure if not permitted by regulations <br />of the Secretary. <br />(e) Mortgage Not Insured. Borrower agrees that if this Security Inst�ment and the Note aze not determined <br />to be eligible for insurance under the National Housing Act within 60 days from the date hereaf, Lender <br />may, at its option, require immediate payment in full of all sums secured by tlus S�urity Instrument. A <br />written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date her�f, <br />declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such <br />ineligibility. Notwithstanding the foregoing, tlus option may not be exercised by Lender when the <br />unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the <br />S�retary. <br />10. Reinstatement. Bonower has a right to be reinstated if Lender has required immediate payment in full <br />because of Bonower's failure to pay an amount due under the Note or this S�urity Instivment. This right applies <br />even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a <br />lump sum all amounts required to bring Bonower's account current including, to the extent they aze obligarions of <br />Bonower under this Security Instrument, for�losure costs and reasonable and customary attorneys' fees and expenses <br />properly associated with the fore�losure proceeding. Upon �reinstatement by Borrower, this Security Instrument and <br />the obligarions that it secures shall 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 <br />commencement of foreclosure proceedings within two years immediately preceding the commencement of a current <br />foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iu) <br />reinstatement will adversely aff�t the priority of the lien created by this S�urity Instrument. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or <br />modification of amortizarion of the sums s�ured by this 5ecurity Instrument granted by Lender to any successor in <br />interest of Bonower shall not operate to release the liability of the original Bonower or Bonower's successor in <br />interest. Lender shall not be require� to commence proceedings against any successor in interest or refuse to extend <br />rime for payment or otherwise modify amortization of the sums securerl by this S�uriry Instniment by reason of any <br />demand made by the original Borrower or Bonower's successors in interest. Any forbearance by Lender in exercising <br />any right or remedy shall not be a waiver of or pr�lude the exercise of any right or remefly. <br />12. Successors and Assigns Bound; Joint and 5everal Liability; Co-Signers. The covenants and agreements <br />of this S�urity Instrument shall bind and benefit the successors and assigns of Lender and Bonower, subje,ct to the <br />provisions of paragraph 9(b). Bonower's covenants and agreements shall be joint and several. Any Bonower who <br />co-signs this S�urity Instrument but does not exe,cute the Note: (a) is co-signing this S�urity Instrument only to <br />mortgage, grant and convey that Bonower's interest in the Property under the terms of this S�urity Inst�vment; (b) <br />is not personally obligated to pay the sums secured by this Security Instn�mment; and (c) agrees that Lender and any <br />other Borrower may agree to extend, madify, forbear or make any accommodations with regard to the terms of this <br />Security Instrument or the Note without that Bonower's consent. <br />FHA Deed of Trust-NE 4/96 <br />VMP � �� VMP4H(NE) (0809) <br />Wolters Kluwer Financial Services Page 6 of 9 <br />
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