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98103512
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Last modified
3/12/2012 11:48:48 AM
Creation date
10/19/2005 5:38:18 PM
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DEEDS
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98103512
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Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by <br /> this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of <br /> Lender, shall be immediately due and payable. <br /> BoROwer shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in <br /> writing to the payment of the obligation secured by the lien in a mann�acceptabie to Lender; (b) contests in good faith the lien <br /> by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the <br /> enforcement of the lien; or (c) secures (rom the holder of the lien an agreement satisfactory to Lender subordinatng the lien to <br /> this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this � <br /> Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shaii satisfy the lien or take one or more of � <br /> the actions set forth above wRhin 10 days of the giving of notice. ' <br /> 8. Fees. Lender may collect fees and charges authorized by the Secretary. <br /> 9. Grounds for Acceleration of Debt. f � <br /> 8 D@fBUI�. Lender ma , exce t as limited b r ulations issued b the Secreta w <br /> � � Y P Y e9 y ry in the case of payment defauRs, <br /> require immediate payment in full of all sums secured by this Securky Instrument 'rf: � <br /> (i) BoROwer defauRs by failing to pay in full any monthly payment requ�ed by this Security Instrument prior to or on <br /> the due date of the next monthly payment, or N <br /> (ii) Borrower defaufts by failing, for a period of thirty days, to pertorm any other obligations contained in this Securfty <br /> Instrument. <br /> (b) Sale Without Credit Approval. Lender shall, 'rf permitted by applicable law (including section 341(d) of the <br /> Gam-St Germain Depository Instkutions Act of 1982, 12 U.S.C. 1701j-3(d)) and wkh the prior approval of the Secretary, <br /> requke immedfate payment in full of all the sums secured by this Securiry Instniment if: <br /> (i) AII or part of the Property, or a beneficial �terest in a trust owning all or part of the Property, is sold or <br /> otherwise transferred (other than by devise or descent), and <br /> (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or <br /> grantee does so occupy the Property, but his or her credit has not been approved h accordence with the <br /> requirements of the Secretary. <br /> (C) NO Waiver. If circumstances occur that would permit Lender to require immediate payment ln full, but Lender <br /> does not require such payments, Lender does not waive its rights with respect to subsequent events. <br /> (d) R@gulatiOnS Of HUD S@Cret81'y. In many circumstances regulations issued by the Secretary will limit <br /> Lenders rights, in the case of payment defaufts, to require immediate payment in fuli and foreclose if not paid. This <br /> Security Instrument does not authoriae acceleration or foreclosure 'rf not permitted by regulations of the Secretary. <br /> (e) Mortgage Not Insured. Borrower agrees that 'rf this Securky Instrument and the Note are not determined to <br /> be eligible for insurance under the National Housing Act within # Of d8y8 (90) from the date hereof, Lender <br /> may, at its option require immediate payment in full of all sums secured by this Security Instrument. A wr'men statement <br /> of any suthorized agent of the Secretary dated subsequent to # Of d8y8 (90) from the date hereof, declining <br /> to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding <br /> the foregoing, this option may not be exercised by Lender when the unavailability of insurance is soley due to Lender's <br /> failure to remit a mortgage msurance premium to the Secretary. <br /> 10. Reinstatement. Borrower has a right to be reinstated 'rf Lender has required immediate payment in full because of <br /> Bonowe�s failure to pay an amount due under the Note or this Security Instrument. This right applies even aRer foreclosure <br /> proceedings are instituted. To reinstate the Security Instrument, Bonower shall tender � a lump sum all amounts required to <br /> bring Borrowets account current including, to the extent they are obligations of Borrower under this Securky instrument, <br /> foreclosure costs and reasonable and customary attomey's fees and expenses properly associated wRh the foreclosure <br /> proceed�g. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as <br /> 'rf Lender had not requi�ed immediate payment h full. However, Lender is not required to pem►it reinstatement 'rf: (i) Lender has <br /> accepted reinstatement after the commencement of forecbsure proceedings withfn two years immediately preceding the <br /> commencement of a current foreclosure proceeding, (ii) reinstatement will preclude forecbsure on different grounds in the future, <br /> or (iii) reinstatement will adversely affect 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 /> mod'rfication of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of <br /> Borrower shall not operate to release the liability of the origmal Borrower or Borrowers successor in interest. Lender shall not be <br /> required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify <br /> amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br /> Borrower's successors in interest. My forbearance by Lender in exercising any right or remedy shall not be a waiver of or <br /> preclude the exercise of any right or remedy. <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenancs and <br /> agreements of this Security Instrument shall bind and benefit the successors and assfgns of Lender and Borrower, subject to the <br /> provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. My BoROwer who co-signs this <br /> Security Instrument but does not execute the Note: (a) is co-sign�g this Security Instn.iment ony to mortgage, grant and convey <br /> that Borcowers interest in the Property under the terms of this Security Instrument; (b) is not personaliy obligated to pay the <br /> sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, <br /> forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's <br /> consent. <br /> 13. Notices. My notice to Borrower provided for in this Security Instrument shall be given by delivering k or by mailing ft <br /> by first class mail unless applicable law requires use of another method. The notbe shall be directed to the Property Address or <br /> eny other address BoROwer designates by notice to Lender. My notice to Lender shall be given by first class mail to Lender's <br /> address stated herein or any address Lender designates by notice to Borrower. My notice provided for in this Security <br /> Instrument shall be deemed to have been given to Borrow� or Lender when given as provided in this paragraph. <br /> 14. Governing Law; Severability. This Security Instrument shall be govemed by Federal law and the law of the <br /> Jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note <br /> F5813.LM0(t/98) Page 3 of 5 <br />
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