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f. Cro..ds for Accelerailon of Debt. 90--105948 <br />(a) Defsall. Lender may, except u limited by regulations issued by the Secretary in the cue of payment defaults, require <br />immediate payment in full of all sums secured by this Security Instrument if: <br />(1) Borrower defaults by failing to pay in fuB any montbly psymeAt required by this Security Instrument prior to or on <br />the due date of the next monthly payment, or <br />(fi) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security <br />Instrument. <br />(b) Sob Wkk* Crfdlt Approval. L dtder shall, if pwdtmd by applicable law and with the prior approval of the Secretary, require <br />immediate payment in full of all the strum secured by this Security Instrument if: <br />(i) AB at part of the Property is otherwise transfened (other than by devise or ducts) by the Borrower, and <br />(U) 7tre Property is not occupied by the purchaser or gnutoe as his or her primary_ or secondary residenct. or rise prrchma or <br />grtsalte does p otxatpy the Property but his or her ciediit his ant beer aplrvvgj in aassndam With the its of the Secretary. <br />(c) No Wdvw. if circumstaum occur that would pemnit 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) Repladoe s 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 authorize acceleration or foreclosure if not permitted by regulations of the Secretary. <br />It. Reinstatement. 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 />Cpproceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to <br />Borrower's account current including, to the extent 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 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 commencement 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 (ill) reinstatement will adversely affect the priority of the lien created by this Security Instrument. <br />11. Borrower Not Released; Forbearance By Leader Not a Waher. 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 tlrr 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 />U. Sweessoss and Assigns Bound; Joint and Several UabYlttyi Co- 9igurs. The covenants and agreements of this Security <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 Borrower who co -signs this Security Instrument but does <br />not execute the Note: (a) is co- signing this Security Instrument oni y to mortgage, grant and convey that Borrower's interest in <br />the Property under the terms of this Security Instrument; (b) k not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Bnr rower may agree to extend, modify. forbear or make any <br />accommodations with regard to the term of this Security Insi..ment tot the 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 by <br />first class mail unless applicable law requires tree 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 shall be given by first class mail to Lender's address <br />stated herein or any address Lender designates by notice to Borr over. Any notice provided for in this Security Instrument shall <br />be deemed to have been given to Borrower or Lender when gi% en as provided in this paragraph. <br />14. God Law; Severability. This Security Instrument shall be govemed by Federal haw and the law of the jurisdiction in <br />{ which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with ap- <br />plicable law. such conflict shall not affect other provisions of t his Security Instrument or the Note which can be given effect <br />without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be <br />severable. <br />is. Borrower's Copy. Borrower shall be given one conk•.,ned copy of this Security Instrument. <br />K. Asdgaraeet of (tents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. <br />Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property <br />to pay the rents to Lender or Lender's agents. However. prior to Lender's notice to Borrower of Borrower's breach of any cove- <br />nant or agreement in the Security Insitummt. Borrower shalt collect and receive all rents and revenues of the Prnperey as trustee <br />for the benefit of Lender and Somawer. This assignment off rent sconstitutes an abso;tate assignmmi and not un Lcvignment for <br />addkkmal security only. <br />It Lender gives notice of breach to Horrowa: (a) all rents received by Borrower shall be held by Porrower as aoustee for benefr, <br />of Lender only, to be applied to the sums secured by the Security Inst rument; (b) Lender shall be enadtled to collect 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 Leader or Lender's agent <br />on Lender's written demand to the tenant. <br />Borrower has not executed any rwim ac"sa r u .,r rho 'awe d.A k" w.....A _rl .......t ... _.. -� -- •• _- _ -- .- — — — ....t � .......... <br />Lender from exercising its rights under this �aragrapit ib. <br />Lender shall not be required to enter upon. take control of or rnnintain 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 ax remedy of Lender. This as%igntnent of rents of the Property <br />shall terminate when the debt secured by the Security Instrument is paid in full. <br />'"I <br />i�- <br />l: <br />t <br />C-1. <br />r� <br />I <br />