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20ii0698� paid This Security Inskvmern dces not suthorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insmed. Bonower agrees that if this Security Instrument and the Note are not determined w be eligible for insurance under the National Housing Act within 6 0 DAYS from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument A written statement of any authorized agent of the Secretary dated subsequent to 6 0 DAYS from the date hereo� declining to insure tUis Security Insh�ument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercisedby Lender when the unavailability of insurance is solely due to Lender' s failute to remit a mortgage iasurance premium to the Secretary. 10. Relnstatement Bonower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument 'I'lvs right applies even after foreclosure proceedings are instituted. To reinstate the Security Inshvment, Bonower shall tender in a l�p sum all amounts required to bring Bonower's account current including, to the extent thery are abligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and eacpenses properly associated with the foreclosure proceeding. Upon reinstatement by Bonower, this Security Instrument and the obligarions that it se,ciues shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within hvo years immediately prece�ing the commencement of a curte� foreclosure proceeding, (ii) reinstatement will preclude foreclos�ue on different grounds in the fuGue, or (iri) reinstatement will advetse�y affect the priority of the lien created by this S�urity Inshument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modificarion of amortization of the sums seciued by Uus Security Inshvment granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Bonower or Borrower's successors in interest. Lender shall not be reqiitired to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amorti�ation of the sums secwed by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bonnd; Joint and Several Liability; CaSigners. The covenants and agreements of this Security Insh�ment shall bind and benefit the successors and assigns of Lender and Boaower, subject to the provisions of pazagraph 9(b). Borrower' s covenants and agreements shall be joint and several. Any Borrower who co-sigos this Security Iast�vment but does not exec�rte the Note: (a) is casigning this Security Instrument only to mortgage, grant and convey that Bonower' s interest in the Properiy under the terms of this Security Instr¢ment; (b) is not personally obligated to pay the smns secured by this Security Instrmuent; and (c) agrees that Lender and any other Bonawer may agree to extend, modify, forbear or make azry accommodations with regard to the terms of this Security Instnmient or the Note without that Borrower's consent. 13. Noflces. tlny notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail imless applicable law requires use of another method. The notice shall be directed to the Property Address or azry other address Borrower designates by notice to Lender. tlny notice to Lender shall be given by first class mail to Lender' s address stated herein or any address Lender designates by notice to Bonower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower ar Lender whea given as provided in this PaT�'aP� 14. Governing Law; Severabilfty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in wluch the Properiy is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable ]aw, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision To this end the provisions of Uvs Security Instrument and the Note aze declazed to.be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy ofthe Note and of Uris Security Insh�ument. 16. Hezardous Snbstances: Bortower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous S�bstances on or in the Propetty. Bonower shall not do, nor allow anyone else to do, anything affecting the Properry tLat is in violation of any Environmental Law. The preceding twa sentences shall not apply to the presence, use, or storage on the Ptoperty of small quanflties of Ha�ardous Substances that are generally recognized to be appropriate to normal r�idential uses and to maintenance of the Property. Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviro�ental Law of wlrich Borrower has actual lmowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any H�ardous S�bstances affecting the Property is neces�ary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this pazagraph 16, "Hazardous Substances" aze those substances defined as toxic or hazatdous substances by Environmenlal Law and the fallowing substances: gasoline, kerosene, other flammable or toxic petroleum product�, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and.radioactive materials. As used in this paragraph 16, "Environmental I,aw" means federal laws and laws of the jurisdiction where the Property is located that relate to healtU, safety or envirommental protection FliA N�RASKA D� OF TRU3T - M ERS p�/�� NmOTZ.FHA 05/23/11 Pege 4 ot T www.davnaglc.mm �I�I� I�II�II� II� I I� I�� I I IFIIII II� I I�