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90106292
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Last modified
10/20/2011 9:41:32 PM
Creation date
10/20/2005 9:56:59 PM
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90106292
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!. crwnia [er Aoal$r.tioa of DaM. <br />90.106292 <br />(a) Defa . Lender rtsay, except as limited by regulatlons Issued by the Secretary in the case of payment default$, raauire <br />Immediate payment in full of all sums secured by da Security Instrumrnt if: <br />(I) Blortawer 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 momthlY Payment- or <br />(ii) Borrawc r defaults by falling, for a period of thirty days, to perform any other obligations contained in this Security <br />itutrument. <br />(b) &b WA94 CredIt Approval. Lender slug. if permitted by applicable law and with the prior approval of the Secretary, require <br />im madim payrncal in fdl of all the sums secuted by this %Wtl Y ImonrmeM if: <br />(n AB or pan of the Prop" is otlterwim u mfemd (other than by devise Of desot:n) by the Borrower, and <br />(ii) The Property is na occupied by the purchaser or grams as his or her primary or secondary residence, or the IX=haser or <br />gtru ft does so oocuq)y the Ptnpaty but his or her cmdit has not bow aplxnved in aeoordance with the nequireutaxs of the Secrdaty. <br />(c) No Wsiri:e If cireutnstences occur that would permit Lcnder to require itnmedisto payment in frill, but Lender does not <br />regpim such: peymearr, T -outer does not waive its rfabts with respect. to Subsequent events. <br />((j) Megadet+Eatas Tn. many issued by the Secretary wilt limit Lender's rngb ts, in <br />ft =0 of inm7m ts: dre<au)m rig rNpir -e intmediap.e p* --m2nt h Ul and foreclose if not paid. This Security instrument does <br />not Dubatixr: I,Wxzr don .oc Gct-cdQSrue If: nZ Verm,med Ibg r,wAW-ulas of the Secretary- <br />. x4bmaut"mm. Borrown.. 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 />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 reasonable and customary attorney's fees and expenses properly associated with the foreclosure <br />praoeeding. flpon reinstatement by Borrower. this security Instrument and the obligations that it secures shall remain in effect as <br />PLender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (1) Lrnder has <br />accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the <br />commencement ureor (iii) reinstatement will foreclosure ll advmelproceeding. <br />affect c�nh epriorii of the lien created buy foreclosure on <br />Inu umfent�t grounds in the <br />11. Deneww Not Admetil Rotbsanme By Losiar Not a WNraa BxtensiOn of the time of payment or modif cation 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 />IL saesaasers mad Assigns 111m art 261111 lad Saural Lhbift. Co -S*wm 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 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 />In;exuts MU_.s (e) nereec 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 fsorroarer`s cen=t. <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 />fast class 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 notice to Lender shall be given by fast class mail to Lender's address <br />stated herein of any address Leader designaus 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 />14. covenirg Law; Sevembilit7. This Security Instrutent shall be governed by Federal law and the law of the jurisdiction in <br />which the Property is located. in she 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 Instrument or tht Note which can be given effect <br />without the costili"M ploviSiOn. To this end the provisions of this Security Instrument and the Note are declared to be <br />severable. <br />15, Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />16. Aulpmeat of Rents. 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 Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee <br />for the benefit 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) all rents received by Borrower shall be held by Borrower as trustee for benefit <br />of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all <br />of the rents of the Property; and (c) each tenant of the Property shall pay an rents due and unpaid to Lender or Lender's agent <br />on Lender's written 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 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. This assignment of rents of the Property <br />shall terminate when the debt secured by the Security Instrument is paid in full. <br />Page 3 of 4 <br />
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