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90106981
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Last modified
10/21/2011 12:38:20 AM
Creation date
10/20/2005 10:09:13 PM
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DEEDS
Inst Number
90106981
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,, <br />:.� ,jt� st1�• i; :s....Ati.�«,�'_"r;..a.�- ..+��. � :,�.>r. !-. .- . �Y :: i +, : :•�i�; r��l::l.Y.".Tlj rt'� :i" 4�- <br />:: -•�y a.. .gym -. .err: _,p... •».... � ,. -.,� .,eta. ,. .,�- •'rti -.•. :. .. i�t . ..___ 1:i' - -s.� <br />iaarru.�� — <br />90-- 106981 <br />f. GtasMs far AcesebralM of Mrs. <br />(a) DsfsM. Lender may, except a limited by regulations issued by the Secretary in the case of payment defaults, require <br />is ttudlrtte payment in full of all sums secured by this Security Instrument if- <br />(I) Borrower derAults by failing to pay in full 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 />(bl Ssls WWtottt Crodit ApprovaL Lender shall, if pcmtWw by applicable law and wah the prior approval of the Sccnmq, room <br />imrnedide payment in fail of all the sums secured by this Security Instrument If: <br />(i) Ali or pact of the Property is otherwise tr asfefted (odwr than by devise or descent) by the Borrower. and <br />(ii) The Properly is to occupied by the purchaser or grarim as his or her primary or secondary residence, or the purchaser or <br />grow dam so occupy Use Property but his or her credit has not been approved in accordance with the requirements; of the Secretary. <br />(e) No Walvar. 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 respect to subsequent events. <br />(d) Regtslatlosrs of HM Secretary. In many circumstances regtations issued by the Secretary will limit Lender's rights, in <br />the easy of psymnent defaults. to require immediate payment in full and foreclose if not Paid.'i lkis Security Instrument does <br />not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. <br />IS. Rejusi sameaL Borrower has a tight to be reinstated if Lender has required immediate Wayrment in full because of <br />Borrower's failure to pay an amount dut 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 />proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations than it secures shall remain in effect as <br />if Lender had not required Immediate payment in full. However, Lender is not required to rermil reinstatenment if: (i) Lender has <br />accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the <br />commencement of a current foreclosure proceeding. (ii) reinstatement win preclude foreclosure on different grounds in the <br />future, or (Ili) reinstatement will adversely affect the priority of the lien created by this Security Instrument. <br />11. Borrower Not Released; Forliessanee By Leader Not a Waiver. Extension of the time of payment or modification of <br />amortization of the surtms secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall nut <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 sutras 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 us rciuedy. <br />13. Successors sod Asidgtu Bound; Joint and Several L(tmbBilyt 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 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 Instntment or the Note without that Borrower's consent. <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 />first class mail unless applicable law requires use or 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 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 than <br />be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />14. Governing Law; Severablilly. 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 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 />13. Batrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />16. Assignment 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 std 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 Berrower's breach of any cove- <br />nant or apreement 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 ttntlec 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 rents 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 />Lender from exercising its right, under this paragraph 16. <br />Lender shall nit ine r e.;:tned to enter upon, take control of er mainiair she Prorerty betore or after giving notice of breach to <br />Borrower. However, l.er.act or a judicially appointed receiver ma} do sc at a:^: time there is a breach. Any ar— :1, atson of rents <br />shall not cure or waive any drfauh or invalidate any other right or remedy n! l ender. This assignment of rems vV Itte Property <br />shall terminate when the debt secured by the Security Instrument is ,raid in fu:.. <br />Part, d "14 <br />f'My_ <br />rdife6.+R 'ail. - <br />exrca�rsse•��uo� -- <br />l <br />
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