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r <br />— . :. , <br />F '• <br />+ <br />:% <br />l' `,..,1.'!11 °f <br />1 <br />.. I <br />11.1 -=-. ._.... <br />t <br />a <br />, <br />.'JO- 106987 <br />9. Cmesntda row, Aceder sdan of DsM. - <br />(a) Ddak. Lender may. except as limited by mguk bm Issued by the Secretary in the care of payment defaults. require <br />immedlsta paymptt in NU of all sums secured by rids'"ity imtntment Ir: <br />(1) Borrower defaults by failing to pay in full any monthly paymcht required by this Security Instrument prior to or on <br />the due date of the next monthly psyrnent, 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 />(b) Stale Wigltont Creft Approval. lender shall. If permitted by applicable law arsd with the priorappowd of the Secretary, 001111111/0 <br />immediate payment in fail of all do sums am, by this Security Insmo rent if: <br />(i) AB or part of the Property is otherwise transferred lather than by devise or descent) by this Borrower, and <br />(0) The pmpaty is to occupied by gre prat clnser or giradee as his or her primary or secondary residence, or the purchaser or <br />grantea does so occupy the Property but boor firer credit has not been approved in accordance with the requirements of dw Secretary. <br />(e) No Waiwr. If circumstances occur that would permit Lender to require itsamediate payment in full, but Lender does not <br />rogWm such payments. Lender does not waive its rights with respect to subsequent events. <br />(d) Replatloas or HtM R+aetrtey. In many circumstances regulations issued by the Secretory will limit Lender's rights. in <br />The can of payment defaults. to require immediate i payment by full and foreclose <br />ens of the if <br />ecretary. This Security Ittstrumeat does <br />not authorize accel ation or fotoclosurs <br />ill. Rehmb t mmg. Borrower has a right to be reinstated if Lender has required immediate payment in full because of <br />Borrower's faBure to pay an amount due under ithr Note or this Security Instrument. This right applies even after foreclosure <br />pr.."wedings are instituted. To reinstate the Security lntstrumeat. 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 expanses properly associated with the foreclosure <br />ppWeeding. Upon reinstatement by Borrower, this Security instrument and the obligations that it secures shall remain in effect as <br />if lender had not required immediste psymeret i : fall. However. Lender is not required to permit reinstatement If: (1) Lender has <br />ac-atpted reinstatement after the commencement of foreclosure proceedings within two yean immediately preceding the <br />future, or�(iIQ reinstatement will adversely of he priorireinstatement `f be lien crleatedcby foreclosure an <br />Instrument. <br />grounds is the <br />IL Borrower Not Released; Forbarnan By tmder Not a t;tiaher. Extension of the time of payment or modification of <br />amortization of the sums 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 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 sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's <br />stirr~rs in interest. Any forbearantx by lender in exercising any right or remedy shall net be a waiver of or preclude the <br />exercise of any right or remedy. <br />12. Suecwors and Assigns Bound; JOlat lad Several LlabWty; Co•Slgaen. The covenants and agreements of this Security <br />Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject tothe 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 instrument 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 thus 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 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 shall <br />be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />U. Governing Low; Severablilty. 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 ptovisi on 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 io be <br />severable. <br />Is. Borrower's copy. Borrower shall be given one conformed copy of this Security Instrument. <br />16. Ansipmeal 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 and hereby directs each tenant of the Property <br />to pay the rents to Lender or Lender's agents. However, prior to Leader'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 be entitled to collect and receive all <br />of the rents of the Property: a,-.d (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 a:t that would prevent <br />Lender from •exercising its rights under this paragraph 16. <br />Lender shalt not be required to enter upon, rake control of or maintain the Property l+et'ore o•r after giving notice of breach to <br />Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents <br />shall not cure or waive an} defaui: or invalidate any other right or remedy of Lender. 'i `!i:. amitrin ens of rents of the Property <br />shall terminate when Ole debt secured by the Saunty Instrument is paid in tu... <br />Page 3 .d 4 <br />, <br />lari•, rte,_ -.. _. <br />r. <br />wy(�+,•• -0`1111: . <br />I <br />• . ail }. ;t�� <br />f- <br />,'•;ti <br />, <br />