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90105517
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Last modified
10/20/2011 6:12:10 PM
Creation date
10/20/2005 9:44:26 PM
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DEEDS
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90105517
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F <br />0. Grounik for Aceelarstloa of Debt. 90-105517 <br />tee) Default. Lender may, except as limited by regulations Issued by the Secretary in the case of payment defaults, require <br />Immediate payment in full of all sums secured by this Security Instrument if: <br />(i) Borrower defaults by failing to pay in full any monthly paymetlt required by this Security instrument prior to or on <br />the due date of the next monthly payment, or <br />1 (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security <br />1 Instrument. <br />(b) Sob Wilbool Credit Approval. Lender shill, if pemritted by applicable law and with the prim approval of Ow Secretary, requlm <br />burnediats payment in full of all the sums secured by this Security Instrument if- <br />(s) All or part of she Property is orhersvtue transferred Other than by devise or descent) by the Borrower, and <br />(ii) The Property is not occupied by the purchaser or givraw as his ow her Kni eery or secondary asidenue. or the putichasier or <br />grantee does so occupy the Property but his or her credit has not been apprw4d is accordsm with due toquiranatts of the sec y. <br />u-c) No Walva. If circummances occur that would permit Lender to require imtmediate payment in full. but Lender does not <br />require such payments, Lender does not waive its rights with respect to subsequent events. <br />Ube) RepleQuas of HUP Secretsry. In many circunutances regulations issued by the Secretary will limit Lender's rights, in <br />the can of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does <br />oat authodu acceleration or foreclosure if not permitted by regulations of tive Secretary. <br />Ail. Re#aslassarsat. Borrower bus a righr. to be reinstated if Lender has required immediate payment in full because of <br />- <br />Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after forecloswre <br />proceedings are inmituted. To reinstate the Security Instrument. BorrnwrT shall tender in a lump suiat all amounts required to <br />bring Borrower's account current including, to the extent they are obtiigations of Borrower unite: this Security Instrument, <br />foreclosure costs and reasonable and customary attorney's fees and expenses properly associated with the foreclosure <br />proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligatuons that it secures shall remain in effect as <br />if Lender had not required immediate payment in full. However, Lender Is not required to permit reinstatement if: (i) Lender has <br />accepted reinstatement after the commencement of foreclosure proc-wdings within two years immediately preceding the <br />commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the <br />future, or (iii) reinstatement will adversely affect the priority of the Item created by this Security Instrument. <br />It. Borrower Not Released; ibrbesraacs By Lender Not a Waiver. Extension of the time of payment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not <br />operate to release the liability of the original Borrower or Borrower's successor in interest. lender shall not be required to <br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's <br />successors in interest. Any forbearance by lender in exercising any right or remedy shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />12. Successors sad Asdps Bound; Joint and Several Liability; Ce- S4aen. The covenants and agreements of this Securest r <br />Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 9.b. <br />Borrower's covenants and agreements shall be joint and several. Any Burrower who co-signs this Security Instrument but does <br />not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's, interest in <br />1• :":;� <br />the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured b) this Security`• <br />Instrument; and (c) agrees that Lender and any other Borrower Inay agree to extend, modify, forbear or make anF <br />accommodations with regard to the terns of this Security Instrument m vhr Note without that Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it b,. <br />first class mail unless applicable law requires use of another method. The notice shafd lie directed to the Property Address or any <br />other address Borrower designates by notice to Lender. Any notice to Lender ehalt N given by first class mail to Lender's addre." <br />stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shaft <br />be deemed to have been given to Borrower or Lender when given as prn,-,aded in this paragraph. <br />14. Goverdag Law: Savetablilly. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in <br />which the Property is located. In the event that any provisivm of clause of this Security. Instrument or the Note conflicts with ap- <br />plicable law. such conflict shall not affect other provisien!, of this Security Instrument or the Note which can he given effect <br />without the conflicting provision. To this end the provisions of ehav Security Instrument and the Note are declared to be <br />severable. <br />i <br />- <br />IS. Borrower's Cavy. Borrower shaft I+e t4.ven one conformed copy of this Security Instrument. <br />' <br />Ifs. Asst iairot of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. <br />Borrower authorizes Lender or 1.4rtder s agents to collect the rents are revenues and hereby directs each tenant of the Propwry <br />to pay the rents qv Render or Lender's agem;, However, prior to Lea4'.'e•' s notice to Borrower of Borrower's breach of any <br />rant or agreement in the Security Ins(rumenc. Borrower shall collect and receive all rents and revenues of the Property as truster <br />for Ow benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not am. assignment for <br />adds -&aa11 security only. <br />If Lender gives notice of breach to Borrower: i a) all rents received by Borrower shall be held by Borrower as trustee for benefit <br />of Lender only. to be applied to the sums sewed by the Security Instrument; (b) lender shall be entitled to collet and receive all <br />of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or fender's agent <br />on Lenaerrs wmten demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent <br />Lender from exercising its rights under this paragraph 16. <br />Lender shall not be required to enter upon, take control of or maintain the Property Wore or after giving notice of hreacli to <br />Borrower. However. Lender or a judicially appointed receiver may do so at any time there s% a breach. Any appliedtion of rents <br />shall not cure or waive any default or invalidate any other right or remedy of 1 ender. rhi% assignment of rent% of the Propeny <br />- <br />shall terminate when the debt secured by the Security Instrument is paid in full. <br />L <br />r• <br />
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