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_ � � ; _,_ � � � a � <br />paid. This Security Instrument dces not authorize acceleration or foreclosure if not permitted by regulations <br />of the Secretary. <br />(e) Mortgage Not Insnred. Borrower agrees that if this Security Inshvment and the Note are not <br />determined to be eligible for insurance under the National Housing Act within 6 0 DAYS <br />&om the date hereaf, I.ender may, at its option, reyuire immediate payme� in full of all sums secured by <br />this Security Instrument. A written statement af any suthorized agent of the Secretary dated subsequeat to <br />6 0 DAYS from the date hereof, declining to insute this Security Inshvment and <br />the Note, shall be deemed conclusive proo£ of such ineligi'bility. Notwithstanding the faregoing, this option <br />may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit <br />a mortgage insurance premium to the Sectetary. <br />10. Reinstatement Borrower has a right to be reinstated if Lender has required immediate payment in full <br />because of Borrower's failure to pay an aznouat due uader the Note or this Security Instrument This right applies <br />even after foreclositte proceedings aze instituted. To reinstate the Security Insuument, Borrower sba11 tender in a <br />lump sum all amounts required to bring Bonower's account current including, to the extent they are obligations of <br />Borrower tmder this Sectirity Insdntment, foreclosure costs and reasonable and customaiy attorneys' fees and expenses <br />properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, t7vs 5ecurity Instrument and <br />the obligations that it sec�ues shall remain in effect as if Lender had not required immediate payment in full. <br />However, Lender rs not req¢ired to permit reins�ent if (i) Lender has accepted reinstatement after the <br />commencement af forecla�nre pr�eedings wit7vn two years immediately prece�ing the commencement of a curtent <br />forecloswe proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the fuhue, or (iii) <br />reinstatement will adversely affect the priority of the lien created by this Security Instr¢ment. <br />11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extensioa of the time of payment or <br />modification of amortization of the sums secured by Uris Security Instr�ment granted by Lender to any successor in <br />iaterest of Borrower shall not ogerate to release the liability of the original Borrower or Bortower' s successors in <br />interest Lender sball not be required to commence proceedings against any successor in interest or refuse to extend <br />time for payment or otherwise modify amortization of the sums sec�ued by this Security Instrument by reason of �y <br />demand made by fhe origiaal Bonowet or Borrower's successors in intetest, tlny forbearanceby Lender in exetcising <br />any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Snccessors and Assigns Bonnd; Joint and Several Liability; Co-Signers. The covenanis and agreements <br />of ihis Se�urity Instrument shall bind and bene&t the successors and assigus of Lender and $onower, subject to the <br />provisions of paragcaph 9(b). Borrowet's covenants and agreements shall be joint and several. Any Borrower who <br />oo-sigos this Security Instrument but does not execute the Note: (a) is co-signing tLis Security Inshumeat only to <br />mortgage, granY and convey that Baarower's interest in the Properiy under the terms of tivs Security Inshument; (b) <br />is not personally obligated to pay the sums secured by tivs Security Instrumen� and (c) agrees that Lender and any <br />other Bonower may agres to extend, modify, forbear or make any accommodations witli regard to the teems of this <br />Security Inshvment or the Note without that Borrower' s consen� <br />13. Notiecs. tlny notice to Bonower provided for in this Security Instrwnent shall be given by delivering it ot <br />by mailing it by first ciass mail wless applicable law requires use of another method. The no6ce shall be ditected <br />to the Property Address or aay other address Borrower designates by notice to Lender. Any notice to Lender shall <br />be given by first class mail to Lender' s address stated herein or any address Lender designates by notice to Bonower. <br />Any notice provided for in this Security Instrument shall be deemed to have besn given to Borrower or Lender when <br />given as provided ia this paragraph <br />14. Governing I.sw; Severabil�itity. This Security Instrument shall be governed by federal Iaw and the law of <br />the jurisdiction in wlrich the Ptaperty is located. In the event that any provision or clause of this Security Insttt�ment <br />or the Note conflicts with applicable ]aw, such contlict shall not affect other provisions of this Security Instrument <br />or the Note which can lx given effect without the conflicting provision To this end the provisions of this Security <br />Instruaient and the Note aze de,claze3 to be severable. <br />15. Borrower's Copy. Borrower sha11 be given one conformed copy of the Note and of this Security Inshvment <br />16. Hazardona Snbstances. Bonower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Ha�rdous Suhstances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything <br />affecting the Property that is in violation of any Environmetttal L.aw. The precedittg hvo sentences shall not apply <br />to the presence, use, or storage on the Properry of small quanti6es of Hazardous Substances tbat are generally <br />recognized to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, Iawsuit or other <br />action by any governmental or regulatory agency or private pazty involving the Property aad any Ha�rdous <br />Substance or Environmental I,aw of wlrich Borrowet has actual knowledge. If Bonower learns, or is notified by any <br />governmental or regulatory suthotity, that any removal or other remediafion of any Hazardous Substances affecting <br />the Properiy is necessary, Borrower shall promptiy take a11 necessary remedial actions in accordance with <br />Envirommental Law. <br />As used in tUis pazagraph 16, "Hazardous Sabstances" aze those substances deSned as toxic or ha�rdous <br />subsfances by Enviromnental Law and the following substa¢ces: gasoline, kerosene, other flammable or toxic <br />petroleum producis, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radiaactive maYerials. As used in this pazagraph 16, "Envirommental Law" means federal laws and laws of the <br />jurisdiction where the Froperiy is located that relate to health, safety or enviroamental protection. <br />FHA N�RASKA D� OF 7RUST - MERS <br />NmOTZ.FHA 05/23/11 Page 4 oi 7 W � y eB� <br />