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201303289
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Last modified
12/31/2013 2:59:17 PM
Creation date
4/29/2013 12:27:37 PM
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DEEDS
Inst Number
201303289
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201303289 <br /> 21 <br /> (c) As long as no Event of Default exists and Borrower has timely delivered to <br /> Lender any bills or premium notice that it has received, Borrower shall not be obligated <br /> to pay Taxes, insurance premiums or any other individual Imposition to the extent that <br /> sufficient Imposition Deposits are held by Lender for the purpose of paying that specific <br /> Imposition. If an Event of Default exists , Lender may exercise any rights Lender may <br /> have with respect to Imposition Deposits without regard to whether Impositions are then <br /> due and payable; provided that so long as the Loan is insured by HUD, Lender's <br /> exercise of its rights shall be subject to Program Obligations pertaining to claims for <br /> mortgage insurance benefits. Lender shall have no liability to Borrower for failing to pay <br /> any Impositions to the extent that any Event of Default has occurred and is continuing, <br /> insufficient Imposition Deposits are held by Lender at the time an Imposition becomes <br /> due and payable or Borrower has failed to provide Lender with bills and premium notice <br /> as provided above. <br /> (d) Borrower, at its own expense, and, so long as the Loan is insured or held <br /> by HUD, in accordance with the Regulatory Agreement, may contest by appropriate <br /> legal proceedings, conducted diligently and in good faith, the amount or validity of any <br /> Imposition other than insurance premiums, if (1) Borrower notifies Lender of the <br /> commencement or expected commencement of such proceedings, (2) the Mortgaged <br /> Property is not in danger of being sold or forfeited, (3) Borrower deposits with Lender <br /> reserves sufficient to pay the contested Imposition, if requested by Lender, and (4) <br /> Borrower furnishes whatever additional security is required in the proceedings or is <br /> reasonably requested by Lender, which may include the delivery to Lender of the <br /> reserves established by Borrower to pay 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, <br /> creation or existence of any mortgage, deed of trust, deed to secure debt, security <br /> interest or other lien or encumbrance ("Lien") on the Mortgaged Property (other than <br /> the lien of this Security Instrument, any tax liens which are imposed before payment is <br /> due, or any inferior liens wirieir are approved by HUD and Lender), whether voluntary, <br /> involuntary or by operation of law, and whether or not such Lien has priority over the <br /> lien of this Security Instrument. (b) Borrower shall not repay any HUD-approved inferior <br /> Lien from proceeds of the Loan other than from Surplus Cash or Residual Receipts (as <br /> both terms are defined in the Regulatory Agreement), except in the case of an inferior <br /> Lien created in an operating loss loan insured pursuant to Section 223(d) of the Act or a <br /> supplement loan insured pursuant to Section 241 of the Act. <br />
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