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201300022 <br /> damage or substantially change the Property or allow the Property to deteriorate,reasonable wear and tear <br /> excepted.Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. <br /> I,ender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower <br /> shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate <br /> information or statements to Lender (or failed to provide Lender with any material information) in <br /> connection with the loan evidenced by the Note, including.but not limited to, representations concerning <br /> Borrower's occupancy of the Property as a principal residence.If this Security Instrument is on a leasehold, <br /> Borrower shall comply with the provisions of the lease.If Borrower acquires fee title to the Property,the <br /> leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. <br /> 6. Condemnation. The proceeds of any award or claim for damages,direct or consequential. in <br /> connection with any condemnation or other taking of any part of the Property,or for conveyance in place of <br /> condenmation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the <br /> indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such <br /> proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any <br /> delinquent amounts applied in the order provided in Paragraph 3,and then to prepayment of principal.Any <br /> application of the proceeds to the principal shall not extend or postpone the due date of the monthly <br /> payments, which are referred to in Paragraph 2, or change the amount of such payments. Any excess <br /> proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security <br /> Instrument shall be paid to the entity legally entitled thereto. <br /> 7.Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay <br /> all governmental or municipal charges,fines and impositions that are not included in Paragraph 2.Borrower <br /> shall pay these obligations on time directly to the entity which is owed the payment.If failure to pay would <br /> adversely affect Lender's interest in the Property.upon Lender's request Borrower shall promptly furnish to <br /> Lender receipts evidencing these payments. <br /> If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to <br /> perform any other covenants and agreements contained in this Security Instrument, or there is a legal <br /> proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy, <br /> for condemnation or to enforce laws or regulations),then Lender may do and pay whatever is necessary to <br /> protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard <br /> insurance and other items mentioned in Paragraph 2. <br /> Any amounts disbursed by Lender under this Paragraph shall become an additional debt of <br /> Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of <br /> disbursement at the Note rate,and at the option of Lender,shall be immediately due and payable. <br /> Borrower shall promptly discharge any lien which has priority over this Security Instrument unless <br /> Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to <br /> Lender:(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings <br /> which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of <br /> the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender <br /> determines that any part of the Property is subject to a lien which may attain priority over this Security <br /> Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take <br /> one or more of the actions set forth above within 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. <br /> (a)Default. Lender may,except as limited by regulations issued by the Secretary in the case of payment <br /> defaults,require immediate payment in full of all sums secured by this Security Instrument if: <br /> (i)Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior <br /> to or on the due date of the next monthly payment,or <br /> (ii)Borrower defaults by failing,for a period of thirty days,to perform any other obligations contained in this <br /> Security Instrument. <br /> (b)Sale Without Credit Approval. Lender shall,if permitted by applicable law(including section 341(d) <br /> of the Gam-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior <br /> approval of the Secretary, require immediate payment in full of all the sums secured by this Security <br /> Instrument if: <br /> (i)All or part of the Property,or a beneficial interest 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 <br /> purchaser or grantee does so occupy the Property,but his or her credit has not been approved in accordance <br /> with the requirements of the Secretary. <br /> (c)No Waiver. If circumstances occur that would permit Lender to require immediate payment in full,but <br /> Lender does not require such payments,Lender does not waive its rights with respect to subsequent events. <br /> (d)Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit <br /> Lender's rights,in the case of payment defaults, to require immediate payment in full and foreclose if not <br /> paid.This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations <br /> of the Secretary. <br /> (e)Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined <br /> to be eligible for insurance under the National Housing Act within 90 Days from the date hereof,Lender <br /> may, at its option require immediate payment in full of all sums secured by this Security Instrument. A <br /> written statement of any authorized agent of the Secretary dated subsequent to 90 Days from the date <br /> hereof,declining to insure this Security Instrument and the Note.shall be deemed conclusive proof of such <br /> ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the <br /> unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the <br /> Secretary. <br /> 10.Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment <br /> in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument.This <br /> right applies even after foreclosure proceedings are instituted.To reinstate the Security Instrument,Borrower <br /> shall tender in a lump sum all amounts required to bring Borrower's account current including,to the extent <br /> they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and <br /> customary attorney's fees and expenses properly associated with the foreclosure proceeding. Upon <br /> reinstatement by Borrower,this Security Instrument and the obligations that it secures shall remain in effect <br /> as if Lender had not required immediate payment in full. Ilowever. Lender is not required to permit <br /> reinstatement if: (i)Lender has accepted reinstatement after the commencement of foreclosure proceedings <br /> within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) <br /> 16256.CV(9.111 907971 <br /> Page 3 01'5 <br /> GOTO100249 9 t <br /> r <br />