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90105672
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Last modified
10/20/2011 6:47:23 PM
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10/20/2005 9:46:56 PM
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90105672
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r <br />L <br />F- <br />105672 <br />9. Grains* for Aeeebrad" of Deit. <br />(a) Defleall. Lender may, except a limited by regulations issued by the Secretary in the can of payment defaults, require <br />immedittte payment in fug of all sums secured by this Security Instrument If: <br />(i) Borrower defaults by failing to pay in full any monthly paymefrt required by this Security Instrument prior to or on <br />the due date of the next monthly payment, or <br />(g) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security <br />Instrument. <br />(b) Salle WOW Credit Approval. Lender shag, if penniued by applicable law and with the prior approval of the Secteuuy, require <br />bmnediste payment in full of all due wants secured by this Security histtimmit if: <br />(i) AN or part of rho Properly is otherwise tiarafened (other d wo by devise or descent) by the Borrower. and <br />(ii) The Property is not occupied by the purchaser or grantee as his or her pr or secondary residence, or the purchaser or <br />grantee does so occupy the Property but his or her credit im act been approved in accordance with the mquiremem of the Secretary. <br />(e) No W ww. If circumstances occur that would permit Leader to require immediate payment in fug, but Lender does not <br />require such payments. Lender dos not waive its fights with respect to subsequent events. <br />(d) Regpddbo of HUD Secretary. In many circumstances regulations Issued by the Secretary will limit Lender's rights, in <br />the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does <br />not authorise acceleration or foreclosure if not permitted by regulations of the Secretary. <br />W. Relostatssraent. Borrower has a right to be reinstated if Lender has required immediate payment in full because of <br />Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure <br />promedings we instituted. To reinstate the Security Irnatuannt, Borrower shall tender in a lump sum all amounts required to <br />bring Borrower's amount current including, to the entcnt they are obligations of Borrower under 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 ob liSauons that it secures shall remain in effect as <br />If Larder had not required immediate payment in full. However. Lender is not required to permit reinstatement if: (1) Lender has <br />accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the <br />ummmentxment 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 lien created by this Security Instrument. <br />1L Borrower Not Rs4asedt Forbearance By Leader Not a Waiver. Extemion of the time of payment or modification of <br />amortization of the sums secured by this Swurity 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 season of any demand made by the original Borrower or Borrower's <br />suoussors in interest. Any forbearance by Lender to exercising any right or remedy shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />U. Sumesaars aced Alas Bmadi Joint and Several LlabWty; Co- Sigpsen. 'The covenants and agreements of this Security <br />Instrument shag bind and benefit the successors and assigns of Lender tad Borrower, subject to the provisions of paragraph 9.b. <br />Borrower's covenants and agreements shall be joint and several. Any Borrower 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 />the Property under the terms of this Security Instrument; (b) Is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lendct and any other Borrower may agree to extend, modify. forbear or make any <br />accommodations with regard to the terai or this Security Instrument or the Note without that Borrower's consent. <br />13. Nodees. Any notice to Borrower provided for in this Security Instrument shag be given by delivering it or by mailing it by <br />first class mail unleu applicable law requires use of another method. The notice shall be directed to the Property Address or any <br />other address Borrower designates by notice to Lender. Any notice to Lender shah be given by first class mail to Lender's address <br />stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall <br />be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />U. Governlag Law; SeverailYty. This Security Instrument shag be governed by Federal law and the law of the jurisdiction in <br />which the Property is located. In the event that any provision or clause of this Seeunty Instrument or the Note conflicts with ap• <br />plicable law. such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect <br />without the conflicting provision. To then end the provisions of this Security Instrument uttct the Note are declared to be <br />severable. <br />U. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />U. Aasigaveesst of Rents. Borrower unconditionally assigns and ifamsfers to Lender all the rents and revenues of the Property. <br />Borrower auuthorizes Lender or Lender's agents to collect time rents a-nd revenues and hereby directs each tenant of the Propw: ,, <br />to pay the rents to Lender or Lender's agents. However. prior to Letaw:xr's notice to Borrower of Borrower's breach of any ,;,.mz- <br />nett or agreemmt in the Security Instrument, Borrower +hall collect and receive all rents and revenues of the Property as trustee <br />for the benefit of Lender nr." Borrower. This assignment of rents constitutes an absolute wilgriment and net an assignment for <br />additional security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit <br />of Lender only. ens be applied to the surer secured by the Security Ins;r-t menu (b) Lender shall Be eseitled to collect and receive all <br />of the rents of the Property; and (c) egrets r- ensint of the Property sharp pay all rents due and unpaid to Lender or Lender's agent <br />on Lender's written Armand in rte tenant. <br />Borrower has not exeviard any prior assignment , +f the rents &anti has not and will not perform any act that would prevent <br />Lender (tow exercising its rights under this paragraph 16. <br />Lender shall not be required to enter upon, take control of or tuawmrm the Property before or after giving notice of breach to <br />Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents <br />shall not cure or waive any default or invalidate any other right or remedy of Lender. Thk assignment of rents of the Property <br />shall terminate when the debt secured by the Security Instrument is paid in full. <br />116110 r .,r • <br />7 <br />ilia; <br />y <br />d <br />n <br />I <br />
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