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 />
|