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90105749
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Last modified
10/20/2011 7:04:14 PM
Creation date
10/20/2005 9:48:05 PM
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DEEDS
Inst Number
90105749
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1 <br />�. Gmak far Acalsrs" of Dorbl. 90--105749 <br />(a) 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 rums secured by this Security Instrument if: <br />(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on <br />the due date of the next monthly payment. or <br />(ii) Borrower defaults by failing. for a period of thirty days, to perform any other obligations contained in this Security <br />Instrument, <br />(b) $de WMboat Credit Apparo"d. Lender shall. if permitted by applicable law and with the prior approval of the Secretary, require <br />iartMdlam psymm in full of all the sums am, by this Security Instrument if: <br />(I) AB or part of the Property is otherwise transferred (other than by devise or descent) by the Borrower. and <br />(ii) The Property is not ocnpied by the purchaser or grantee as his or her p wary or secondary residence, or the purrhwer or <br />pa tme don so oom" the Pmpeny but his or her credit has not been approved din accordance with the requiranenta of rite Secretary. <br />I <br />(c) No Waiver, If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not <br />require such payments. Lender does not waive its rights with respect to subsequent events. <br />(d) Regulations of BUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in <br />the case of payment defaults, to require irnmtediate paymenq in full and foreclose if not paid. This Security Instrument does <br />not authorize acceleruion or foreclosure if not permitted by regulati iru of the Secretary. <br />U. Rielostatewatd. Borrower boa a right to be reinstated i °f Lender has required immediate payment is full ba.ause of <br />Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies evert after foreclosure <br />proceedings are instituted. To reinst.au the Security Instrument, Borrower shall tender in a lump sum all amounts required to <br />bring Borrower's account current Including, tto the extent they are obligations of Borrower under this Security Instrument, <br />foreclosure costs and reasonable and cuuomary attorney's fees and expenses properly associated with the foreclosure <br />procoodiag. Upon reinstatement by Borrower, tshit Security Instrument and the obligations 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 cvninencesrient of foreclosure proceedings 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 lien created by this Security Instrument. <br />1t. Borrower Not Released: Forbearmw By Lander 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 bo uquired to <br />j commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amonization <br />of the sums secured by this Security lnstrunnew by reason of any demand made by the original Bo:rrower or Borrower's <br />successors in interest. Any forbearance by Lendtc in exercising any right 407 remedy shall not be a waiver of or preclude the <br />exercise of any right ov remedy. <br />12. Stsecesaots aed Assigns Booed; Jolat said Several Lialtifily; Co•Sli aers. The covenants and agreements of ON Security ` <br />Instrument shall bind and benefit the successors and assigns of I ender and Borrower, subject to the provisions of pavo,graph 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 it personally obligated to pay the sums secured by this Securit y <br />Instrument; and (c) agrees that Lender and any other Ployrower may agree to extend, modify, forbear or make any <br />accommodations with regard to the term of this Security Ir,i- .•-.tnt in the Note without that Borrower's consent. <br />13. Nodes. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by ! <br />first this mail unless 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 noti: -e to I ender shuil be given by first class mall to Lender's address <br />j stated herein or any address Lender aiesig;nates by notice to Dot r .,wer. Any notice provided for in this Security Instrument shall <br />be deerrred to have been given to Borrower or Lender when given as provided in this paragraph. <br />14. Coverdall Law; Severe ly. This Security Instrument stall be governed by Federal law and the law of the jurisdiction in <br />which the Property is located. In the event that any provisir•t or clause of this Security 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 confUating provision. To this end the provisiottr of this Security Instrument and the Note are declared to he <br />severable. <br />a. Yorrower's Copy. Borrower shall be given one confo—Med copy of this Security Instrument. l '- <br />16. Aselgmtseat of Rents. Borrower unconditiorw6v asayr+s and transfers to Lender all the rents and revenues of the Property. <br />Borrower authorises Lender or Leader's agents to collect :the ants and revenues and hertH, directs each tenant of the Property <br />to pay the rents to Lender or Lender's agents. However, rtnof t.� Lender's notice to Borrow n of Borrower's breach •o- arty cove <br />nant or agreement in the Securitp hearument. Borrower shX1;,illect and receive all rents uatd revenuer of the Ptopert!. t trustee <br />for the benefit of Leads and Borrower. This assianment of rents constitutes an absolute assignment and not an amignment for <br />additional security only. <br />If Lender gives notice of breact to Borrower: (a) all rents received by Borrower shall be he:d by Borr,ay. et as trustee tot benefit <br />of Leader only. to be applied to uthe eutmt secured by the Securmtp Instrument; (b) Lender vb x l he entitled to collect act::? •r.. -;eve all <br />of the rents of the Property; and t, )• each tenant of the Property shall pay all rents due ana anisaid to I -ender or Lean a::r. 's agent <br />on Leader's written demand to Ow tenant. <br />Borrower has not executed any prior rawgrament of the rents and has not and will not perform any act that would prevent <br />Leader from exera%ing its rights under this paragraph 16. <br />Lender shall not be required k► enter upon, take control of or maintain the Property NefOle or after giving notice of breach to <br />&grower. However. Lender or a judicially appointed receiver may do %o at any time tfoere is a breach. Any application of rents <br />shall not cure or waive any default or invalidate any other right or remedy of Lender ?h,, rssrgntncnt of rent. ul the Ptr►perr� <br />shall terminate when the debt secured by the Security Instrument n paid to full. —_ <br />L <br />� <br />t. <br />
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