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90106044
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Last modified
10/20/2011 7:55:10 PM
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10/20/2005 9:52:38 PM
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90106044
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I <br />ii <br />i <br />t <br />�I <br />1 <br />L <br />1 <br />1. GrouMa for Aealtratbn of Debt. 90--1.06044 <br />(a) Ddmk. 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 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 falling, for a period of thirty days. to perform any other obligations contained in this Security <br />Instrument. <br />t. (b) Sale Wiilboat Craw App mal. Lender shill it by applicable law and with the prior approval of the Secretary, require <br />- ban ANO polaigit In fiM of all the am secured sSSecurity Instrument if. <br />(li) AB or paat'ef the Property is otherwise transferred (other than by devise or descent) by the Borrower, and <br />(0) The Property is not occupied by the ptuchamr or grantee as his or her primary or secondary residcsoe, or the purchaser or <br />gxame does so ootxrpy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. <br />(e) No WW=. if circunsatances occur that would permit Lender to require immediate payment in full, but Lender does not <br />require such paymrnts. Lender does not waive its rights with respect to subsequent events. <br />(4) Regniadow of HIM Secr 4wy. In many circumstances negoWiioos issued by the Secretary will limit Lender's rights. in <br />the cue of payment defaults, to re•4uire 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 />10. Rehash/ sweat. Borrower has a right to be reinstated if Lender has required immediate payment in full because of <br />Borrower's future to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure <br />proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to <br />bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, <br />foreclosure costs' and mwanable and customary attorney's fees and expenses properly associated 14th the foreclosure <br />proceeding. Upon reinstatem ;.-nt 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 year, immediately preceding the <br />co encement of a current foreclosure proceeding, (ii) reinstateauuot will preclude foreclosure on different grounth in the <br />future, or (iii) reinstatemmi will adversely affect the priority of the iien created by this Security Instrumena. <br />It. Bon+ower Not Rele nsed; Forbeanaam By Lender Not a Waiver. Extension of the time of payment e- modification of <br />amortization of the sums secured by this Security instrument granted by Lender nder to any successor in interest of Borrower shall not <br />operate to release the liability of the c- r;ginal Bonower 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 fwbtsurartce 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. Saeeeaon and Assigns Boand; Joint and Several Liability: Co- Signers. 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 paragraTtiS 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 orgy to mortgage, grant and convey that Borrower's interest in <br />the Property under the terra of this Security Instrument; (b) is ,nit personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any <br />accommodations with regard to the term of this Security Instrument or 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 use of another method. The notice shall be directed tot he 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 />steed herein or any address Lender designates by notice to Boni awes. Any notice provided for in this Security Instrument shall <br />be deemed to have been given to Borrower or Lender when g; ven as provided in this paragraph. <br />14. Govesadng Lath SsverablBty. 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 provision 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 lumtrument 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 sire declared to be <br />severable. <br />1S. Borrower's Copy, Borrower shall be given one confu, ►ned copy of this Security Instrument. <br />16. Ardgasent of Rents. Borrower unconditional]~- assigns and transfers to LenrJer all the rents and rev,erxes 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 abtnts. However, prior to Lender's notice to Borrower of ]Borrower's breach of any cove- <br />nant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee <br />for the beat-lit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for <br />additional security only. <br />If Lender gives notice of breach to Borrower: (a) aUU rents received by Borrower shall be held by Borrower as trustee for benefit <br />of Leader only. to be applied to the sutras secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all <br />of the rents a.i the Property; and (c) aiw-;h tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent <br />on Lender's written demand to the teaw... <br />norrower nas not executed any prior assipmenc of the rents and has not and will not perform any act that would prevent <br />Lender from exercising its rights under this paragra;pf 16. <br />Lender shall not be required to enter u;on. take control of or maintain the Property before or after giving notice of breach to <br />Borrower. However. Lender or a judiciaT,y 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. This assignment of rents of the Property <br />shut terminate when the debt secured by the Security Instrument is paid in full. <br />
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