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_! - f�' 1, - f - i .la 1� r r {!•i �1Jr �f%� ;p W. <br />1 lafti <br />1 � <br />106768 <br />Any a plicalion of the proceeds to the principal shall not extcud or po tponc the due date of the monthly patintctu Which <br />are referred to in Paragraph 2, or change the amount of such payments. Any excess Proceeds over an antot•tnt required to <br />pay all outstanding indebtedness under the Note and this Security ]Instrument shall be paid to the entity legally entitled thereto. <br />a, Fees. Lender may collect fees and charges authorized by the Secretary. <br />9, Grounds for Acceleration of Debt. <br />(al Default. 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 />air oBorrower <br />the due date the nevi to <br />Monthly 3y in pull any monthly payment required by this Security instrument prior to <br />(ii) Borrower defaults by failing, for a period of thirty days. to perform any other obligations contained in this <br />Security Instrument. <br />(b) 0t:Ic Hlilhou! Credit Approval. Lender shall, if permitted by applicable law and with the prior approval of the <br />Secretor >. require immediate paymem in full of all the sums secured by thi-I Security iu.iiur',ient if: <br />(i) All or part of the Property is otherwise transferred (other than by devise or descent) by the Borrower, and <br />(ill The Property is not occupied by the purchaser or grantee its his or hqr primary of secondaty residence. or the <br />purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with <br />the requirements of the Secretary. <br />(e) No Waiver. If circumstances occur that would permit Lender to requite immediate payment in full, but Lender <br />does not require such payments. Lender does not waive its rights with respect to subsequent events. <br />(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights <br />in the case of payment defaults to require immediate payment in full and foreclose if not paid. This Security Instrument <br />does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. <br />I.q. Retastatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of <br />Sorc(:wir's failure to pay an. arrvaunt due under the Note or this Security instrument. This right applies even after foreclosure <br />pmkzn. "gs are instituted. To reinstate the Security 1))strumem, Borrower shall tender in a lump sum all amounts required <br />to �_t9ng Borrower's account current including, to the eytcat they are obligations of Borrower under this Security Instrument, <br />t.a`cvMosure costs and reasonable and customari.:)1.tortr zy-0 fees and expenses properly associated with the foreclosure proceeding. <br />� reinstatement by Borrower, this Sct:u.rr) ;t f.uorrscatetat and the obligations that it secures shall retrain in effect as if Lender <br />wd rat required immediate payment in fuJ.l,.fi.oareier. Lender is not required to permit reinstatement if: 4i} Lender has accepted <br />*einsiatement after the commencement of fctrt�.ir, ;tzrle ;(SroLretlings within two years immediately pre"-eding 2he 4ximmencement <br />�' .r current foreclosure proceeding, (ii) rei?statem�nt wilt preclude foreclosure on different grounds in the future. or (iii) <br />arts+ :atement will adversely affect the priority of tiiC'ii.e;e created by this Security instrument. <br />11. Borrower Not Released: Forbearance By Lender \ot a Waiver. Extension of the time of payment or mrtdifisati'aty <br />ro: �tnuriicaiiot, of the sums scoamd by this Security..Im - tr!tment granted by Lender to any successor in interest of BotrvAvv.. <br />4,)W, not operate to release the lia.hitity of the origia] Borrower or Borrower's successor in interest. Lender shall not tic required <br />:. ommenec proceedings against i).ny successor in inlerest or refuse to extend time for payment or otherwise madi6y amortization <br />GL- the sums secured by this Security Instrument by rpt.,son of any demand made by [he original Borrower or Botrovver's successors <br />in interest. Any forbearance by Lender in evercisitru arty right or remedy shall not be a waiver of or p <cclude the exercise of <br />•fty right or remedy. <br />!2. Successors and Assigns Bound; Souxo -ettil Seweratll Liability; Cc- Signers. The covenants and agreements of this Security <br />fn�rrtrment shall bind and benefit the w.`a:a:r 'mad assi�ens of Lender and Borrower, subject to the provisions of paragraph <br />31C�. Borrower's covenants and agrecer!__: cL:t t` joint and several. Any Borrower who co -signs this Security Instrument <br />� does not execute the Note: (a) is ud= �u_r•'w tnis Security Instrument only to mortgage, grant and convey that Borrower's <br />t;= <br />:Merest in the Property under the ter6 tat- ib = Security instrument:: (b) is not personally obligated to pay the sums secured <br />3y this Security instrument; and (0 tigtrt.�re rha: Lender and any other Borrower may agree to extend, modify. forbear or make <br />sac accommodations with r, *11' ;tu ttte +err cf this Security instrument or the Note without that Borrower's consent. <br />13. Notices. Any notice to Borrower procid:d for ir. this Security Instrument shall be given by del:ve;ing it or by mailing <br />it by first class mail unless applicabi: favv rcquires use of another method. The notice shall be directed tV the Properly Address <br />or any other address Borrower designates by noticc to Lender. Any notice to Lender shall be given bti first class mail to Lender's <br />address stated herein or any address Leader designates by notice to Borrower. Any notice provided fos in ibis Security Instrument <br />shall be deemed to have been given to'$orrow•er or !.ender when given as provided in this paragraph. <br />14. Governing Law; Sewrability. This Security Instrument shall be governed by Federal law and the W% o5 the jurisdiction <br />in which the Property is located. In the event that any provision or clause of this Security instrument ct° the Note conflicts <br />with applicable law, such conflict shall not affect other provisions of this Security instrument or the Note wl,icb can be ghen <br />effect without the conflicting provision. To this end the provisions of this Security Instrument and the No:e are declared to <br />be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />16. Assignment of Rents. Borrower unconditionally assigns and transtcrs to Lender all the rentsand revenues of the Property• <br />Borrower authorizes Lender or Lender' agents to collect the rents and revenue, and hereby directs each tenant of the Property <br />Lender*,, <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 <br />covenant or agreement in the Security Instrument. Borrower shall collect and receive all rents and revenue~ of the Property <br />as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an <br />assignment for 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 <br />benefit of Lender only, to be applied to the sums secured by the Security instrument; (b) Lender shall he entitled to collect <br />and receive all of the rents of the Property: and (c) each tenant of the Properry shall Pay all rents due and unpaid to lender <br />or Lender's agent on Lender's written demand to the tenant. <br />Borrower has not executed am prior assignment of the rents and has not ana -.1-iii n.i: perform any act th4t could prcven: <br />Lender from exercising its rights under this paragraph 16. <br />Lender shall not he required to enter upon. take control of or maintain the Property belo:-e or ~tree giving notice of breach <br />to Borrower. However. Lender or a judicially appointed receiver may do sv at any time there is a is:cach. 1.ny application <br />of rents shall not cure or waive am default or imalidate any other HLhi or remedy of I ender. Thi, ,ssannleni of rents tit <br />the Property shall terminate when the debt secured by the Security Instrument is !said to ft.11. <br />i <br />�i <br />ii <br />i <br />L_ <br />