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201302389
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3/27/2013 4:30:05 PM
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3/27/2013 3:24:59 PM
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DEEDS
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201302389
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observing any of the covenants or agreements contained in this Security Instrument, <br />and the Note and (so long as the Loan is insured or held by HUD, the Regulatory <br />Agreement) (or, if Borrower is in default, describing such default in reasonable detail); <br />(e) whether or not there are then existing any setoffs or defenses known to Borrower <br />against the enforcement of any right or remedy of Lender under the Note, (so long as <br />the Loan is insured or held by HUD, the Regulatory Agreement) and this Security <br />Instrument; and (f) any additional facts requested by Lender. <br />201302389 <br />30. GOVERNING LAW; CONSENT TO JURISDICTION AND VENUE. <br />(a) This Security Instrument and the Note, if it does not itself expressly <br />identify the law that is to apply to it, shall be governed by the laws of the jurisdiction in <br />which the Land is located ( "Property Jurisdiction "), except so long as the Loan is <br />insured or held by HUD and solely as to rights and remedies of HUD as such local or <br />state laws may be preempted by federal law. <br />35 <br />(b) Borrower agrees that any controversy arising under or in relation to the <br />Note or this Security Instrument shall be litigated exclusively in the Property Jurisdiction <br />except as, so long as the Loan is insured or held by HUD and solely as to rights and <br />remedies of HUD, federal jurisdiction may be appropriate pursuant to any federal <br />requirements. The state courts, and with respect to HUD's rights and remedies, federal <br />courts, and Governmental Authorities in the Property Jurisdiction shall have exclusive <br />jurisdiction over all controversies which shall arise under or in relation to the Note, any <br />security for the Indebtedness, or this Security Instrument. Borrower irrevocably <br />consents to service, jurisdiction, and venue of such courts for any such litigation and <br />waives any other venue to which it might be entitled by virtue of domicile, habitual <br />residence or otherwise. <br />31. NOTICE. <br />(a) All notices, demands and other communications ( "Notice ") under or <br />concerning this Security Instrument shall be in writing. Each Notice shall be addressed <br />to the intended recipients at their respective addresses set forth in this Security <br />Instrument , and shall be deemed given on the earliest to occur of (1) the date when the <br />Notice is received by the addressee; (2) the first Business Day after the Notice is <br />delivered to a recognized overnight courier service, with arrangements made for <br />payment of charges for next Business Day delivery; or (3) the third Business Day after <br />the Notice is deposited in the United States mail with postage prepaid, certified mail, <br />return receipt requested. As used in this Section 31, the term ( "Business Day ") means <br />any day other than a Saturday, a Sunday or any other day on which Lender is not open <br />for business. Failure of Lender to send Notice to Borrower or its Principal(s) shall not <br />Previous editions are obsolete <br />HUD MF Security Instrument HUD- 94000M (Rev.11/12) <br />
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