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201106386 <br />Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to <br />60 days from the date hereof, declining to insure th is Security Instrument and the Note, shall be <br />deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be <br />exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a <br />mortgage insurance premium to the Secretary. <br />10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full <br />because of Bon ower's failure to pay an amount due under the Note or this Security instrument. This tight <br />applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall <br />lender in a lump sum all amounts required to bring Borrower's account current including, to the extent they <br />are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary <br />attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by <br />Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had <br />not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) <br />Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years <br />immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will <br />preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the <br />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 amortization of the sums secured by this Security Instrument granted by Lender to any <br />successor in interest of Borrower shall not operate to release the liability of the original Borrower or <br />Borrower's successor in interest. Lender shall not be required to commence proceedings against any <br />successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Security Instrument by reason of any demand made by the original Borrower or Bon ower's <br />successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of <br />or preclude the exercise of anv right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co- Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and <br />Borower, subject to the provisions of paragraph 9(h). Borrower's covenants and agreements shall bcjoint <br />and several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is <br />co- signing this Security Instrument only to mortgage, grant and convey that Burrower's interest in the <br />Property under the terms of this Security Instrument; (b) is not personally obligated to pay the stuns secured <br />by this Security Instrument; and (c) agrees that Lender anti any other Borrower may agree to extend, modify, <br />forbear of make any accommodations with regard to the terms of this Security Inshument or the Note <br />without that Borrower's consent. <br />13. Notices. 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 notice shall be <br />directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice <br />to Lender shall be given by first class mail to Lender's address stated herein or any address Lender <br />designates by notice to Borrower. Any notice provided for in this Security Itistrumcnt shall be deemed to <br />have been given to Borrower or Lender when given as provided in this paragraph. <br />14. Governing Law; Severability. This Security instrument shall be governed by Federal law and the law of <br />the jurisdiction in which the Property is located. In the event that any provision or clause of this Security <br />Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this <br />Security Instrument or the Note which can be given effect without the conflicting provision. To this end the <br />provisions of this Security Instrument and the Note are declared to be severable- <br />2011-17998G9 19064970001183396t 3341 <br />RiA r&A,,e WITH MB5-NE Fevlsed 419C Am ud4 'NN <br />V M P p VMP4N(NE) (11 05) <br />Wol',vs Kluwc nnanriN Servlep Page 6 or 10 <br />