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90106931
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Last modified
10/21/2011 12:27:41 AM
Creation date
10/20/2005 10:08:13 PM
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DEEDS
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90106931
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. <br />si,��:s�4{itt ti r <br />4, <br />90--. 106931 <br />!. Crseads f r Atreletat sm of DabL <br />tat Dd*ML Lander on .app as limited by regtdatbw Issued by the Stttxatary In the case of payment defstdta, require <br />immedlae psymast in full of all sum secured by thtis Security Instrument if: <br />(1) Borrower dofaalts by faglry to pay in lidn say monthly paymetlt required by this Security Inurulbettt prior to or on <br />the due date of the next monthly payment, or <br />(io Borrower dd%Wu by fW tg, for a period of thirty days, to perform any otha obligations contained in this Security <br />Isstrtrmmst. <br />(h) Sala WMM A CNO Appa+ovaL Iowa shall. u ptemWed by apPlie" law ad wkb the Pier WPmvW of the Secretary, require <br />imraedkm p ymeot is fell of all dw stuns sewed by ale sft r Instrument if <br />(1) AN or pat of the Property is otherwise orandwW (odor than by drvbro or duaw) by the Borrower, and <br />(p) The Prnpety is not occupied by the purchaser or grantee as his or her pdreary or secondary roddence• or the prrc1� or <br />gtsasee dam so campy the Property, but bit or bar credit has not bees approved is Meadeoe WUh dw requirements d rite Saest:tary. <br />(c) No Wuhan. If circumsunea occur that would permit Leader to require immediate payment in full, but Lender does not <br />require such payments, Lender does tot waive its rights with respect to subsequent events. <br />(d) Rgpb oat of HUD Sacsttary. in many circumswsces replat(omi issued by the Secretary will limit Lender's rights, in <br />the case of payment deft" to require immediate in full and foreclose it not paid. This Security Instrument does <br />not authorise acceleration or foreclosure if not pu�by regulations of the Secretary. <br />A. RelmetawmL Owower has a right to be reinstated if Lender has required immediate payment in full because of <br />Bonowees failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure <br />pDroceedings are instituted. To reinstate the security Instrument, Borrower shall tender in a lump sum all amounts required to <br />bring Bonowa's account current Including, to the extent they are obligations of Borrower under this Security Instrument, <br />foreclosure coats ad wasesuble and customary attorney's fees and expenses properly associated with the foreclosure <br />precadig. Upon reinstatement by Borrower, this Security Instrument and the rtggaattions that it secures than remain in effect as <br />If Lender had not require! immediate payment in fail. However, Lender is not r�equtred to permit reinstatement if: (i) Lender has <br />accepted reinstatement after the commencement of foreclosure prOmcdings within two years immediately preceding the <br />comencement of a current foreclosure proceeding, p1) reimsuttetnent. will preclude foreclosure on different tuouads in the <br />m <br />future, or ( iii) reinstatement will adversely affect the priority of the Hen created by this Security Instrument. <br />11. Borrower Not Released; Forbearance By Under Not a Walser. Extension of the time of payment or modification of <br />amortization of the aunts 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 shelf nor be required to <br />commence pr 'no against any successor in interest car 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 rca dy. <br />1a. Successors and Amigos Boned; Joint sad Several Liability; Cc- SgIgem. The coverunts and agreements of this Security <br />Instrument shall bind and benefit the successors and assigrn of Lender atndBorrower, subject to the provisions of paragraph 9.b. <br />Borrower's covenants and agreements shall be joint and several. Any Borrower who co -sips 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 />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 />0. 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 to the Property Address or any <br />other address Borrower desismtc3 by notice to Lender. Any notice to Lender shall be given by (lilt 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 git,en to Borrower or Lender when given as provided in this paragraph. <br />14. Coveraiag Law; SeverabBgty. This Security Instrument shall be governed by Federal law and the paw 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 />plkable law, such conflict shall not affect other providons 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 arc declared to be <br />severable. <br />IS. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />16. Aalgnsnent of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. <br />Borrower authorizes Leader 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 beentitled to collect and receive all <br />of the tents of the Property; and (c) each 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 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 />Leader from exercising its rights under this paragraph 16. <br />L=4& sima ant be required to enter upon, take control of or maintain the Property before or after giving notice of breach to <br />Borrower... Ib;Ywmer,. Under or a judicially appointed receiver may do so at any time there is a breach. Any application of rents <br />shall nun oar, oe %3J.% %r;uat default or +nwilidate any otiser r+sht or remedy of Lender. This assignment of rents of the Property <br />shall tantiaaw whom ft &bt scoured by tho Smm" -y OwgromxhO::� Paid in full. <br />Punt! .•I4 <br />i <br />w 0 fi` - . -• -�- <br />i <br />
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