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90106538
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10/20/2011 10:49:20 PM
Creation date
10/20/2005 10:01:10 PM
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90106538
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. r <br />9. Grounds for Acteleratkv of Debt. 9o.106538 <br />(a) iieiatii. Lvw'ci Mwpt ns Ltrnited by renitatiorss (a}p_ed by the °.,.;Pare In tut i.i vi p9yintai dmaulis. tegt:ire <br />Immediate payment in full of all sums secured by rhos Security instrument if: <br />(i) Borrower defaults by failing to pay in dull 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 />(i►) S* %M" Appm -*L Lender shall, if permitted b i gp%ca>>le law std with the prior approval of the Secretary, tegeIIe <br />imr edime ptgtnxtt in full of all the suan secured by this Security Iarttttnmt If- <br />(I) All or pan of the Properly is atherwbe unsfaW (other that by d-visa oc desoen) by the Borrower. and <br />(it) The property, is not occupied by the iutrba+er or pwoe as his or her prlrvxy or saandarY residem. or of the Secretary- <br />(c) Of <br />gratree does so oocupy the property but his or ha refit has rot been sppm vd in gotoobtat with rite regtmatsars <br />(c) No Wader. if circumsMM occur that would permit Lender to require immedate payment in full, but Lender does not <br />require such payments, Lender does not waive its tights with respect to subsequent events. <br />(d) Rgpdatlotaa at )3 WD Secretary. In many circumstances aVfttlons issued by the Secretary will limit. Lender's rights, in <br />the rase of payment defaults, to require immediate payment in fail and forG.Eoce if not paid. TUj Scvurity Instrnracnt d= <br />not authorise acceleration or foreclosure If not permitted by tegttlatioms of the Secretary. <br />119. Rewsomstett. Boreowxr 13m: it. right to be reinstated if Lender bras nquhrd immediate payment in full because of <br />Borrower's failure to pay na ttats;i= due under the Note or this Security Iastrwrrrstl_ This right applies even, after foreclosure <br />proceedinp are instftavlesb.'i'tr m:�m%zite the Security Instrument. Borrower shWl'ixsnin_r in a lump sum all amounts required to <br />bring Borrower's aecou,sc wsrctr,^J: including, to the extent they are obligations tTf13artower under this Security [nstrumeut. <br />foreclosure costs and M%wMaburr and customary attorney's fees and expenses properly associated with eQ, foreclosure <br />proceeding. Upon rejnrA�=Me 1 }* lirrr- Tower, this Security Instrument and the obliga ions that it secures shall retrain in effect as; <br />if Larder had not requizizf: (nanra,)bun payment In full. However, Lender Is not req �t `wpemiz� �tamte�ct Y • (i)n Ledn des <br />accepted reinstatemwL' mist t the commencement of foreclosure proceedings _ r has <br />the <br />future. commencement <br />�or ((HQ reinststt=sj t will adit�erseiy affect ,priorittyyr of the lien created bythisosecurity Instrument. t grounds in the <br />lual ewer Not 3tkased; > v*vanam By Leader Not a Waiver. Extension of the time of payment or modification of <br />anWttisMdgn of the s>ams secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall VS. <br />operate to release Vb.0 i'Sability of the original Borrower or Borrower's successor in interest. Lender shall not be required *7 <br />commence procecdli, :a8ainst any successor in interest or refuse to extend time for payment or otherwise modify amortizatWa• <br />of the sums securcAl by this Security Instrument by reason of any demand mitt. by the original Borrower qr. Borrowee s <br />successors in interne. Any forbearance by Lender in exercising any right or wastes.} shall not be a waiver of or pLadude dic <br />exercise of any right or remedy. <br />1T. Smeeenors sad Assigns Bomwk, JOiat sad Several Liabli ty; Co- Signers. The covenant:;„ anti cDX- M z. -J-a `-t4 Lets SecMU <br />Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subrj= r011-✓a r- mvis>,rtr.s (,L msragraph 9.b. <br />Borrower's covenants and agreements shall be joion: and several. Any Borrower tw.bo• ixJ -sigps s tads S4-saurity. Easin rr-ent but does <br />not execute the Note: (a) is co- signing this Smtripy instrument only to mortgage„ ga;rut and will ey that t;,ianrsvees interest in <br />the Property under the terms of this Security instrument (b) is not personally obfa.tptteti t4 3raw rite sums swum4` by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower may agree to euemX, modify, forbear or make any <br />awonunodation; with r p.rd to the term of this Security Instrument or the Note without that Borrower's consent. <br />13. Notices. Any actrice to Borrower provided for in this Security Instrument MAI be given by delivering it or by mailing it by <br />first class mail un.tess applicable law requires use of another method. The notice thin be directed to the Property Address or any <br />other address Borrower designates by notice to Lender. Any notice to Lender slush be given by fast class mail to Lender's address <br />stated herein or any address Lender designates by notice to Borrower. Any not i provided for in this Security Instrument shall <br />be dersrrcd to have been given to Borrower or Lender when givem as provided in this paragraph. <br />14. Goveraing Law; Severability. 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 instrument or the Note which cam be given effect <br />without the conflicting provision. To this end the provisions of this Security Instrument and the Note ere declared to be <br />severable. <br />is. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrumetzt. <br />16. Awiptttttat of Rents. Borrower unconditionally assigns and transfers to Limiter all the rents and reveniora of the Property. <br />Borrower authorizes Lender or Lender's agents to collect the rents and revenues anti hereby directs each renitar of the Property <br />to pay the rents to Lender or Lender's agents. However, prior to Lender's notkv uo 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 />addUanal security only. <br />Lt Leader gives notice of breach to Borrower_ L, at all rents received by Borrower shall be held by Borrower as wztee for benefit <br />of Larder only. to be applied to the sums secured by the Security Instrument; (b). Lender shall be entitled to: cuWas and receive all <br />iif tirr rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lear err Lender's agent <br />anLraider's written demand to the tenant. <br />Porrower 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 giting,nntice of breach to <br />Borrower. However, Lender or a judicially appointed receiver may do so at anY time there is a breach. Rny: appl- ication of rents <br />shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of r'cnts of the Property <br />shall terminate when the debt secured by the Security instrument is paid in full. <br />Pace 3 of 4 <br />.r i- <br />,Fr <br />„.. <br />
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