Laserfiche WebLink
201303289 <br /> 30 <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 /> 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 /> (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") <br /> means any day other than a Saturday, a Sunday or any other day on which Lender is <br /> not open for business. Failure of Lender to send Notice to Borrower or its Principal(s) <br /> shall not prevent the exercise of Lender's rights or remedies under this Security <br /> Instrument or under the Loan Documents. <br /> (b) Any party to this Security Instrument may change the address to which <br /> Notices intended for it are to be directed by means of Notice given to the other party in <br /> accordance with this Section 31. Each party agrees that it shall not refuse or reject <br />