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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> RE-►-CECCRDED 98- 1( 1 8 <br /> 98- 105405 <br /> (1) AI' or tart of the Property, or a beneficial interest in a trust owning all or part of the Property, is <br /> sold or otherwise to rtsferred (other than by devise or descent), and <br /> (ii) 11;e Property is not occupied by the purchaser or grantee as his or her principal residence, or the <br /> purchrstr or grantee does so occt.py the Property but his or her credit has not been approved in <br /> :~ccordar,ce with the re s'.rements of the Secretary. <br /> (c) No 'Waiver. If c tcurrrr>tanc occur that would permit Lender to require immediate payment in <br /> full, but Lender does not require such payments. Lender does not waive its rights with respect to <br /> subsequent events. <br /> (d) Regulations of ft?t'i 1) Secretary. In many circumstances regulations issued by the Secretary will <br /> limit Lender's rights, in .`he case of payment defaults, to require immediate payment in fc,'.l and <br /> foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure. if riot <br /> perririttcd by recguiations of the Secretary. <br /> ,(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not <br /> %etermined to be eligible-for insurance under the National Housing A,ct within 50 days from the date <br /> hereof, Lender may, at its opt'kon, require immediate payment in ful! of all sums secured by this <br /> Security Instrurrtmt. A written statement of any authorized agent of the `secretary dated subsequent to <br /> 60 days from the date hereof, declining to insure this Security Instrument and the Nota, shall be <br /> c)eemed conclusive proof of such incligi'~iility. Notwithstanding the foregoing, this option may not be <br /> exercised by Lender when th,. 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 bender has required immediate payment in <br /> full because of Borrower's failure to pay an amount8ue under the Note or this Security Instrument.'This right <br /> applies even ;after foreclosure proceedings are instituted.'ro reinstate the Security Instrument, Borrower shall <br /> tender in a lun.p swirl all amount, required to bring Borrower's account current including, to the extent they <br /> are obligations of Borrower un&r 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 Instrurne--.- and the obligations that it sm-ures shall remain in effect as if Lender had <br /> not required immediate payment in full. However, Lender is not required to F<:rmit 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 priority <br /> of the lien created by this Security Instrument. <br /> 11. Borrower Not Released; ]Forbearance By Lander Not a Waiver. Extension of the time of <br /> payment or modi.fic.atinn of amortization of the sums secured by this Security Instrument granted by Lender <br /> to any 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 successor <br /> in interest or refuse to extend time for rnyment or otherwise modify amortization of the sums secured by this <br /> Security Instrument by reason of any demand made by the original Borrower fir Borrower's successors in <br /> interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the <br /> eyer•cise of any right or rerr.edy. <br /> 12. Successors ind Assigns Bound; )dint and Several Liability; I,:o-Signers. The covenants and <br /> agreements of this Security Instrument shall b;nd and benei°it the successors and as.5igns of Lender and <br /> Borrower, subject to the pro visions of paragraph 9(03. Borrower's covenants and agreements shall be joint and <br /> se,jeral. Any Borrower who co-signs this Security Instrument but sloes not execute the Note: (a) is cosigning <br /> this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the <br /> terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br /> Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or snake <br /> any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's <br /> consent. <br /> 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by <br /> delivering it or by mailing it by first claws rnail unless applicable: law requires use of another niethod. The <br /> notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. <br /> t--4R(NE) r <br /> ~seu~ia . 5 of s L- <br /> Initlett: 1 <br />