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201302395
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3/27/2013 4:41:58 PM
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3/27/2013 3:39:28 PM
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DEEDS
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201302395
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201302395 <br />benefits. Lender shall have no liability to Borrower for failing to pay any Impositions to the <br />extent that any Event of Default has occurred and is continuing, insufficient Imposition <br />Deposits are held by Lender at the time an Imposition becomes due and payable or <br />Borrower has failed to provide Lender with bills and premium notice as provided above. <br />(d) Borrower, at its own expense, and, so long as the Loan is insured or held by <br />HUD, in accordance with the Regulatory Agreement, may contest by appropriate legal <br />proceedings, conducted diligently and in good faith, the amount or validity of any Imposition <br />other than insurance premiums, if (1) Borrower notifies Lender of the commencement or <br />expected commencement of such proceedings, (2) the Mortgaged Property is not in danger <br />of being sold or forfeited, (3) Borrower deposits with Lender reserves sufficient to pay the <br />contested Imposition, if requested by Lender, and (4) Borrower furnishes whatever <br />additional security is required in the proceedings or is reasonably requested by Lender, <br />which may include the delivery to Lender of the reserves established by Borrower to pay <br />the contested Imposition. <br />(e) Borrower shall promptly deliver to Lender a copy of all Notices of, and <br />invoices for, Impositions, and if Borrower pays any Imposition directly, Borrower shall <br />promptly furnish to Lender receipts evidencing such payments. <br />17. LIENS; ENCUMBRANCES. (a) Borrower shall not permit the grant, creation <br />or existence of any mortgage, deed of trust, deed to secure debt, security interest or other <br />lien or encumbrance ( "Lien ") on the Mortgaged Property (other than the lien of this Security <br />Instrument, any tax liens which are imposed before payment is due, or any inferior liens <br />which are approved by HUD and Lender), whether voluntary, involuntary or by operation <br />of law, and whether or not such Lien has priority over the lien of this Security Instrument. <br />(b) Borrower shall not repay any HUD - approved inferior Lien from proceeds of the Loan <br />other than from Surplus Cash or Residual Receipts (as both terms are defined in the <br />Regulatory Agreement), except in the case of an inferior Lien created in an operating loss <br />loan insured pursuant to Section 223(d) of the Act or a supplement loan insured pursuant <br />to Section 241 of the Act. <br />18. PRESERVATION, MANAGEMENT AND MAINTENANCE OF MORTGAGED <br />PROPERTY. Borrower (a) shall not commit Waste, (b) shall not abandon the Mortgaged <br />Property, (c) shall restore or repair promptly, in a good and workmanlike manner, any <br />damaged part of the Mortgaged Property to the equivalent of its original condition, or such <br />other condition as Lender may approve in writing, whether or not litigation or insurance <br />proceeds or condemnation awards are available to cover any costs of such restoration or <br />repair, (d) shall keep the Mortgaged Property in decent, safe, and sanitary condition and <br />good repair, including the replacement of Personalty and Fixtures with items of equal or <br />better function and quality, all in accordance with Program Obligations, (e) shall provide <br />for qualified management of the Mortgaged Property by a residential rental property <br />manager, (f) shall give Notice to Lender of and, unless otherwise directed in writing by <br />Lender, shall appear in and defend, any action or proceeding that could impair the <br />Previous editions are obsolete HUD MF Security Instrument HUD- 94000M (Rev. 04/11) <br />Contingent Repayment Mortgage Page 24 FRENCH VILLAGE <br />
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