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��14�1199 37 4�. EST�PPEL. The Lender is not the agent �f H U D. Any actian by Lender in �xercis�ng any right ar remedy under this Se�urity �nstrument shall n�t be a waiver or preclud� the exercise by H U D of any right ar remedy vUhich HU D might ha�e under the Reguiatory Agreem�nt or other Pr�gram �bligations. 43. A�CELERATI�N; REItiI�ED�ES. !f a Monetary E�ent �f D�fault �ccurs and is continuing f�r a periad of thirty �3�} days, Lender, at Lender's a�tion, may d�clare th� �nd�btedness t� be immediat�ly due and payable ►nr�thout further demand, and may inv�ke the p�wer �f sale and any other remedies p�rm�tted by a�pl'rcable law �r pr�vi�� n this S�curity �nstrument or in the N�te. Fnll�wing a �o�enant E�ent af D�fault, Len��r, at Lend�r's option, but so Iong as the Laan is 'rnsured or hefd by HUD, �nly aft�r r�ceipt of the prior wrEtten a��ro�al of HUD, may declar� th� Indebtedness to be immediately due and payab�e without further demand, and may in�oke the �ower �f sale and any other r�m�dies permitted by applicable !aw �r pro�ided �n this Security Instrum�nt or in th� N�te. BorrovUer acknovviedges that the power of sa�e �ranted in this S�curity �nstrument may be exercised by Lender without prior judicial hearing. L�nder shall b� �ntitled to call�ct al� costs and expens�s incurred in pursuing such rem�dies, inc�uding reas�nabfe attarneys' f��s �including but not limited to app�liate litrgation}, costs �f documentary e�idence, abstracts and title re�arts. [INSERT PR�V�SI�NS PEF�TAININC T� SALE AS APPR�PRIATE UNDER STATE LAW] 44. FEDERAL RE11rIEDIES. ln addition to any rights an� remedies set f�rth in the Reguiatory Ag reement, H U a has rig hts and rem�d i�s u nder federal !aw so Iong as HUa is the insurer or hold�r �f the L�an, including �ut n�t limited to th� right t� foreclos� pursuant t� the Multifamily Mortgage Foreclosure Act of �98�, �� U.S.�. 37�� e�seq., as amended, when HUD is the holder �f th� N�te. 45. REMED!ES F�R WASTE. I n a�d ition to any other rig hts and remed ies set f�rth in the Note and this Security Instrum�nt ar those availabl� under appiicable �aw, inc�uding ex�mplary damages wher� p�rmitted, the following remedies for Wast� by Borrower are a�a�lable to Lender as nec�ssary to gi�� complete redress to Lender for Lend�r's loss or damage: �a} th� exercise of the remedies a�a��able to Lender during the exist�nce of a �o��nant E��nt flf Defau�t, as set f�rth in S��tion 43 �f this S�curity Instrum�nt; �b} an injunction pr�hibiting future Waste or requiring carrect�on �f V11as�e already committed, but �nly to the �xtent that VVaste has impaired or threatens to �mpair Lend�r's secur�ty; and Pre�ious editions are obsolete HlJD MF Security lnstrument HUD-94QQDM�Rev.�41�1}