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201109275
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Last modified
1/5/2012 9:47:55 AM
Creation date
12/12/2011 8:56:33 AM
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DEEDS
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201109275
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2011�927� <br />paid This Security Instrument does not authorize acceleration or foreclosiue if not permitted by regulations <br />of the Secretary. <br />(e) Mortgage Not Insnred. Bonower agrees that if this Security Instrument and the Note aze not <br />determined to be eligible for insurance under the National Housing Act within 6 0 DAYS <br />&om the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by <br />this Security Instrument. A written statement of any authorized agent of the Secxetary dated subsequent to <br />6 0 DAYS from the date hereof, decli^'ng to insure this Security Inslrument and <br />the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option <br />may not be exercised by Lender when the unavailability of ins�uance is solely due to Lender' s failure to remit <br />a 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 Borrower's failure to pay an amount due under the Note or this Security Inslrument 'I'his right applies <br />even after foreclosure proceedings aze instituted. To reinstate the Security Insuvment, Borrower shall tender in a <br />lump sum all amounts required to bring Bonower's account current including, to the extent they are obligafions of <br />Borrower under Uris Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses <br />properly associated with the foreclosiue proceeding. Upon reinstatement by Borrower, ttris Security Instrument 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, (ri) reinstatemern will preclude foreclosure on different groimds in the fu4ue, or (iii) <br />reinstatement will adversely affect the priority of the lien created by tUis Security Insh�ument <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 sec�ued by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in <br />interest Lender shall 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 secured by this Secwity Ins�trument by reason of any <br />demaad made by the original Bonower or Bonower' s successors in interest Any forbearance by 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. 5uccessors and Assigns Bound; Joint and Several Lfablllty; Co-Signers. The covenants and agreements <br />of this Security Instrument shall bind and benefit the successors and assigos of Lender and Borrower, 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 this Secutity Instrvment but does not execute the Note: (a) is casigning this Security Instrument only to <br />mortgage, grant and convey that Bonower' s interest in the Properiy under the terms of this Security Instrument; (b) <br />is not personally obligated to pay the sums secured by this Security Instrumen� and (c) agrees that Lender and any <br />other Boaower may agree to extend, modify, forbeaz or make any accommodations with regard to the terms of Uvs <br />Security Instrument or the Note without that Boaower' s consent� <br />13. Noflccs. Any notice to Borrower provided for in tUis Security Inst►vment shall be given by delivering it or <br />by mailing it by fust class mail imless applicable law requires use of another method. The notice shall be directed <br />to the Property Address or any other address Borrower designates by notice to Lender. Any norice to Lender shall <br />be given by first class mail to Lender' s address stated herein or any address Lender designates by notice to Borrower. <br />?,ny notice provided for in this Security Instrument shall be deemed to have been given to Bonower or Lender when <br />given as providedin Uus paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of <br />the jurisdiction in wlrich the Property is located. In the event that aay provision or clause of this Security Instrument <br />or the Note conflicts with applicable 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 Uvs end the provisions of this Security <br />Instrument and the Note aze declared to be severable. <br />15. Borrower's Copy. Borrower shall be given ane conformed copy ofthe Note and ofthis Security Instrument <br />16. Hazazdons Substances. Borrower 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, nor allow anyone else to do, anything <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 Harardous Substances that 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, lawsuit or other <br />action by any govemmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Envitoamental Law of wluch Bonower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting <br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in Uus pazagraph 16, "Harardous Substances" aze those substances deSned as toxic or ha�rdous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleimm products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdiction where the Property is located thaf relate to health, safety or environmental protection <br />FliA NEBRASKA D� OFTRUST - MERS �egl�� <br />NmOTZ.FHA 05/23H1 Page 4 of 7 www.dcansglc.mm <br />
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