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90106482
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Last modified
10/20/2011 10:34:57 PM
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10/20/2005 10:00:12 PM
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90106482
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- <br />90----1a6 48 2 <br />9. Graunia ter Aualeradon of Debt. <br />(a) Ddu t, Lender may, except as limited by regulations issued by the Secretary in the case of pa -wnt defaults, require <br />immediate payment in fuU of all sums secured by this Secutity Instrument if: <br />(i) Borrower default& by failing to pay in fall any monthly payment required by this Security hastrunatnt prior to or on <br />the due date of the next monthly payment, or <br />(ii) Borrower dtf itults by failins, for a period of thirty days, to perform any other obligations contained in this Security <br />Instrument. <br />( m� aeW wCCleo �aL � � pntt it teV * t' and with the prior approval of the Secretary, tvWho Irduumew if. <br />(i) An of part of the Property is otherwise transferred (other than by devise or descent) by the Borrower, and <br />(ii)'Ibe property b tot occupied by the purcltuer or grantee as his or her primary of secondary resideooc, or the r or <br />ganee does so ootxrpy tin Property but his other credit has not been approved in accordance with time togttintrnots of Sectemy. <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 turpect to subsequent events. <br />(d) iPsguiaiiunre.of IIUD S.'a's ,. 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 litoorize aveletadon or foreclosure if not permitted by reguAdons of the Secretary. <br />a. Rainttsttetaert. 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 riabt applies even after foreclosure <br />proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a hump bum all amounts required to <br />bring Borrower's account current Including, to the extent they am obligations of Borrower utmd;r this Security Instrument, <br />fowAosuro costs and reasonable and customary attorney's fors and expenses property a,wciatedl with the foreclosure <br />proceeding. Upon reirutatement by Borrower, this Security lmstrutrnent and the obligations that V mures Oan remain in effect as <br />if Leader had not required imrediate payment in full. However, Lender is not required to permit: ¢tvnsrstemeat if. (i) Lender has <br />accepted reinsauement after the commencement of foreclosure proceedings within two Moira :trnrnt:diattely preceding the <br />commenamatt of a current foreclosure proceeding. (i) reinstatement will pxdude foredos= on different grounds in the <br />future, or (III) reinstatement will adversely affect the priority of the Hen cr=ate@ 13y INS Security instrument. <br />111. Borrower Not Rdewd; Forbeatraaee By Leader Not a WOW. Ittenshalt oQ the time of payment or modification of <br />amortization of the sums secured by this Security Instrument gsan%W by Lend-z'ro any successor in interest of Borrower shall not <br />operate to reksm the liability of the original Borrower or B.isr V0a's suvvtswr In Interest. Lender sban not be required to <br />commence proceedings against any successor in interest or reflute zQ extend tire: 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 waher of or preclude the <br />exercise of any right or remedy. <br />IL Successors and Arraigns Bovedt Jour gad several I.iabnitg;, 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 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 Secutigy- IInsuument only to mortgage, Siam and convey that Borrower's interest in <br />the Property under the terms of this Security InUtutneaue: (b) is not personsd(v obUgazed to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any . other Borrower Max; agree zo extend, modify. forbear or make any <br />accommodatlons with regard to the term of this Security lnstruutnent or the Note without that Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Securhy Instrument shall be given by delivering it or by trailing it by <br />first 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 shalt 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 />14. Goveraiq Law; severability. This Security Instrument shall be governed by Federal law and the taw 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 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 />15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />16. Awlatmeat 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 rears andmrmues and hereby directs each tenant of the Property <br />to pay the rents to Lender or Lender's agents. Ho never, prior td Lader's notice to Borrower of Borrower's breach of any cove- <br />nant or agreement in the Security raarument. Borrower shall coffect and receive all rents and revenues of the Property as trustee <br />for the benefit of Lender and Basower. This assignment of rents. constitutes an absolute assignment and not an assignment for <br />additional security only. <br />If Lender gives notice of breach i o ff¢irrrw, w-. f a) all rents received by Borrower shall be held by Borrower as trustee for benefit <br />of Lender only, to be applied to the muds serarted 131 the Security Instrument (b) Lender shall be entitled to collect and receive all <br />of the rents of the Property; and ic):emrdx t:eram: of the Property shall pay all rents due and unpaid to Lender or Lender's agent <br />tin, Larder's written demand to rltee real <br />ifnrrower has not executed arty p6br.assignment of the rents and has not and will not perform any act that would prevent <br />l ertdtx from exercising its rights und)%r 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 />Rerrower. However,. <br />'ender or a judicially cep xriimted receiver may do so aC my tda a there is a breach. Any application of rents. <br />*&U trot cure or waive any default or invalidate any other right or remedy of Imid er. This assignment of rents of the Property <br />dtall. mr rminate when the debt secured by the Security instrument is paid in full <br />Pate 3 of <br />- -- <br />t <br />,y <br />4 <br />T -- <br />i <br />_s <br />
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