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201108259 paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the Na6onal 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 hereof, declining to insure this Security Insh�unent and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insvrance is solely due to Lender' s failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Bonower has a right to be reinstated if Lender has required immediate payment in full because of Bonower's failure to pay an amount due under the Note or trris Security Instrutnent. Tlus right appiies even after foreclosure proceedings are inslituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Bonower' s account current including, to the extent they aze obligadons of Borrower under this Securiry Inshument, foreclosure costs and reasonable and customary attomeys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Bonower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in ful1. However, Lender is not required to pertnit reinstatement i£ (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years vnmediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iri) reinstatement wilt adversely affect the priority of the lien created by this Security Inshwnent. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of.payment or modification of amortization of the sums secured by Uus Security Instnunent granted by Lender to any successor in interest of Bonower shall not operate to release the liability of the original Bonower or Borrower' s successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower' s successors in interest. Any forbeazance 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 Bound; Joint and Several Lisbility; Co-5igners. 1'he covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Bonower' s covenants and agreements shall be joint and several. Any Bottower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Bonower' s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Insmunent or the Note without that Borrower's consent. 13. Notices. Any norice to Borrower provided for in this Security Instntment shall be given by delivering it or by mailing it by first class mail uniess applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender' s address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in fhis Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Goveming Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting ptovision. To this end the provisions of this Securiry Instrument and the Note aze declazed to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous S�bstances on or in the Property. Bonower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage ori the Property of small quantifies of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Bonower shall promptly give Lender written notice of any investigation, clann, demand, lawsuit or other action by any governmental or regulatory agency or private party invoiving the Property and any Hazardous Substanca or Environmental Law of which Borrower has actua] knowledge. If Borrower leams, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, 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 hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides; volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environxnental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protecfion. FHA NEBRASKA DEF� OF TRUST - MERS ppdsag/e H�fipn� NEDOTZ.FHA 05/23/11 Page 4 af 7 www.docmagic.com I�I��III III� III� � I.II IIII I� II I(I II I I IIII�I IIIIII III III