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90107193
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Last modified
10/21/2011 1:25:39 AM
Creation date
10/20/2005 10:13:25 PM
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DEEDS
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90107193
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J <br />r <br />Y <br />•'1 <br />90= 107183 - <br />(� Borrower delete by la N to pay In M any monthy payment reitluln d by this Security InIlUUM nt prior to or on the dw <br />dale of the rlad monthly payment. or ? y <br />(d) Borrower dskft by is**. for a period of I" days. to perform any other obligations contained N this <br />Security Instrunwi. <br />(b) Sale Without Credit Approval. Lander shall, II pemlitted by eppllrable law and with the prior approval of the <br />georalary, requlrs immed ite payment in full of all this sums segued by this Security Instrument of: <br />@ M or pad of the Property it othwwhw transferred (other than by devise or chant) by the Borroww, and <br />(d) fie Property is not occupiad by the purchaser or grantee as his or her primary or secondary residence, or the purchaser <br />or grantee does so occupy the Property but his or her oak has not been approved in accordance with the reWiements <br />of the Seordary• <br />(c) No Waiver. If of willu races occur that would permit Lander to require Immediate payment in fug. but Lender does <br />not require such payments, Lander does not waba he rights with respect to subsequent events. <br />(d) Regulations of HUD Secretary., In misty circumstances regulations Issued by the Secretary wig limit Lender's <br />rights, in the ease of payrmed deYaYts. to require herniate Payment in fug and foreclose it not paid. This Sweeny Instrument <br />does not authomm woorlwation or foreclosure if not penn#Ad by regulations of the Seaatary. <br />10, Reinstatemarri . Borreww has a right to be reinstated i lender has required irrrrrcdiate payment In tug because of <br />Borrower's %Wue to pay an amount due under the Note or this Sawrity Instrument. This right applies even after foreclosure proceedings <br />we ItlsliGtted. To reinstate the Security Instrument, Borrower shelf tender in a lump sum as amounts required to bring Borrowers <br />aermni current Including, to the extent they are Gbili"gons of Borrower under this Security Instrument, foreclosure costs and <br />reason" and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by <br />Borrower, this Security Inslntment and the obligations that it segues shag remain In effect as it Lender had not required Immediate <br />payment in full. However. Lender is not required to permit reinstatement If: (4 Lender has accepted reinstatement alter the <br />eomtnencrarent of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure <br />proceading. W reNrstatemet will preclude foreclosure on different grounds in the future, or (u) reinstatement will adversely afterd the <br />priority of the lien created by this Security Instrument. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor In interest of Borrower <br />shag not operate to release the liability of the original Borrower or Borrowers successor in Interest. Lender shall not be recuired to <br />ccnvmoce proceedings against any successor In interest or refuse to extend time for payment or otherwise modify amortization of the <br />sums secured by th.s 84curity Instrument by reascn of any demand made by the original Borrower or Bonower's successors In <br />idereaL Any kgbearonca by Lender in exercising any right or remedy shag not be a waiver of or preclude the exercise of any right <br />or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co- Signers. The covenants and agreements <br />of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br />Paragraph s.b. Berower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument <br />but does not execute The rote: (a) is Co-signing Itz Security Instrument only to mortgage, grant and convey that Borrowers Interest In <br />the Property under the terns 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 accommodations with <br />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 class mail unless applicable law requires use of another method. The notice shag 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 Irst class mail to Lender's <br />address stated herein or any address Lender designates by notice to Borrower. Any notice provided for In this Security Instrument <br />shag be deemed to have been given to Borrower or Lender when givcv as provided In this paragraph. <br />14. Governing law; Severabilfty. " 1vs Security Instrument shag be governed by Federal law and the law of the <br />jurLsdtctlon In which the Property is located. In the e+ ant that any provision or clause of this Security Instrument or the Note conflicts <br />with applicable law, such conflict shag not affect olher provisions of this Security Instrument or the Note which can be given effect <br />without ene conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severat!e. <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 transfers to Lender all the arts and revenues of The <br />Property, Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the <br />Property to pay the rents to Lender v Lender's agents. However, pdor to Lender's notice to 8 "-ewer of Borrower's breacr or any <br />covenant or agreement In the Secur'. instrument. Borrower shag collect and receive an rents avc: �•.cnues of the Property as trustee <br />for the benefit of Lender and Borrower. This assigrment of rents constitutes an absolute assignment and not an assignment tot <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 I. 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 a^e+tt on <br />Lender's written demand to the tenant. <br />Borrower has not executed any prior assigr+.rer! of the rents and has not and will not perform any ace ' ^a: would prevent Lender <br />born exercising its rights under this Paragraph 16. <br />Lender shall not be requwed to enter upon. take control of or maintain the Property bevo•.? or after giving notice of treach to <br />_. r �..... of ! ann iod reeemer may do so at anv time there ,� a breach. Any application of rents shave not <br />ere or waive any default or invalidate any other fight or remedy of Lender rh s assignment of rents of the Property shall terminate <br />whairt the debt seared by the Security Instrument is paid In full. <br />17. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9. <br />Lander may invoke the power of sale and any other remedies permitted by applicable law. Lender <br />shell be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph <br />17. Including, but not limited to, reasonable attorneys' fees aid costs of title evidence. <br />If the power of sale is invoked. Trustee shall record a notice of default in each county in which <br />F6+1's CTt ,ee190) <br />�.•A <br />n:u +cope <br />Ufa'.- <br />: <br />Kzu <br />t� <br />err` :�•j,ic. ;�s�ir .. <br />1 <br />.tt <br />
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