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201106077
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9/14/2011 12:34:25 PM
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8/17/2011 10:48:42 AM
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201106077
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�011060si <br />paid Tlris Security Instrmnent does not authorize acceleration or foreclos�se if not permitted by regulations <br />of the Secretary. <br />(e) Mortgage Not Insared. Borrower agrees that if this Security Instrument and the Note are not <br />determined to be eligible for insurance under the National Housing Act within 6 0 DAYS <br />from the date hereof, Lender may, at its op6on, require immediate payment in full of all sums secured by <br />this Security Inshvment. A written statement of any authorized agent of the Secretary dated subsequent to <br />6 0 DAYS from the date hereof, declining w insure this Security Instcvment and <br />the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, Uris option <br />may not be exercisedby Lender when the unavailability of insurance is solely due to Lender' s failure to remit <br />a mortgage insutance premium to the Secretary. <br />10. Relnstatement Borrower has a right to be reinstated if Lender has required immediate payment in fiill <br />because of Borrower's failure to pay an amount due under the Note or Uus Security Instrument This right applies <br />even after foreclosure proceedings aze instituted. To reinstate the Security Instrument, Bonower shall tender in a <br />hmmp sum all amounts required to bring Borrower's account current including, to the extent they aze obligations of <br />Bonower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses <br />propetly associated with the foreclosure proceeding. Upon reinstateme� by Bonower, tivs Sec�uity Inshvment and <br />the obligations 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) reinstatemc,mt will preclude foreclosure on differe� grounds in the fuWre, or (iii) <br />reinstatement will adversely aff�ect the 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 amorti�ation of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Bonower shall not operate to release the liability of the original Barrower or Borrower's successors in <br />interest Lender shall not be required to commeace proceedings aga3nst aay successor in interest or refuse to extend <br />time for payment or othetwise modify amort�ation of the sums sec�ued by tlris Security Instrument by reason of any <br />ilemand made by the original Borrower or Bonower' s successors in interest tlny forbearanceby Lender in exercising <br />any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Snccessors and As�llgns Bonnd; Joint and Several Liability; Co-Signers. The covenants and agreemenis <br />of this Security Inslrument shall bind and benefit the successors and assigas of Lender and Bonower, 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 Uvs Security Instrument but does not execute the Note: (a) is co-signing this Security Insk�ument only w <br />mortgage, grant and convey tbat Borrower' s interest in the Properiy under the terms of this Security Inshvment; (b) <br />is not personally abligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any <br />other Borrower may agree to extend, modify, forbear or make azry accommodations with regard ta the terms of this <br />Security Instrument or the Note without that Bonower's consent. <br />13. Nolices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or <br />by mailing it by first class mail unless applicable law requires use of another method. The nofice shall be directed <br />to the Praperty Address or any other address Bonower desiguates by notice to Lender. Any notice to Lender shall <br />be given by Srst class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. <br />Any notice provided for in Uris Security Instrument shall be deemed to have been given to Borrower or Lender when <br />given as provided in this paragraph. <br />14. Governing Law; Severabllity. 'I'his Security Instrument shall be governed by federal law and the law of <br />the jurisdiction in wlrich the Property is located In the evern t�at auy provision or clause of this Security Instrument <br />or the Note conflicts with applic�ble law, such conflict shall not affect other provisions of this Security Instrument <br />or the Note wlrich can be given effect without the conflicting provision. To this end the provisions of this Security <br />Instrument and the Note are d�lared to be severable. <br />15. Borrower's Copy. Bonower shall be given one conformed copy ofthe Note and of this Security Instnnnen� <br />16. Hazardous Sabstances. Bonower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borrower shall not do, not allow anyone else to do, anytUing <br />affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply <br />to the presence, use, or storage on the Property of small quantities of Hazardous Substances t.�at aze generally <br />recognized to he appropriate to normal residential uses and to maintenance of the Property. <br />Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of wlrich Borrower has actual lmowledge. If Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or othet remediation of aay Ha�ardous Substances affecting <br />the Property is n�ssary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental I.aw. <br />As used in this paragraph 16, "Ha�ardous Substances" aze those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbesWs or formaldehyde, <br />and radioackive materials. As used in this paragraph 16, "Environmeatal Law" means federallaws and laws of the <br />jurisdiction where the Property is located that relate to health, eafety or environmental proteclion <br />FHA N�RASKA D� OF TRUST - MQtS �eg/�� <br />NmOTZ.FHA 05/23/11 Page 4 oT 7 www.dacmagk.acm <br />�Ip101I01�II� Iln I I Q I � 01I IIIIII IIII� I� <br />
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