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90107229
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Last modified
10/21/2011 1:33:03 AM
Creation date
10/20/2005 10:14:07 PM
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DEEDS
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90107229
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TOW <br />90, AV10040 <br />9. Glitittma for ActislerrAws of D@M. <br />(a) Ddnk. Leader may, except as limited by regulations Wood by the Secretary in the cue Of Payment defaults- require <br />immediate payment in fail of all sums secured by this Security Instrument if. <br />(I) Bw►v= defaults by Failing to pay in full Any O=tMY PRY111161 required by this Security Instrument prior to or on <br />the due date of the am monthly payment. of <br />Borrower defoults by failiall, for a period of thirty days. to perform any other obligations contained in this Security <br />(6) <br />Instrument. <br />(b) !gale WitbawiCnikApproval. Lender shall, if pandered by applicable law and with the prim approval of" Secretary. FMON <br />imnigiiisse payment In fail of all do sums secured by thh security instrument if. <br />(s) All or pot of the Property is odierwise transkned (odur *an by devise of descent) by do Borth m. and <br />(i1) The Property is not occupied by ft puwhmr or a - as his a her primary Or McondluY rraiderI Or the purchas" 07 <br />riche Secretary <br />gnaw does so occupy the Pmpeny but his or her credit ba Out bees annived in accordance widt the requirements - <br />(c) No Wow. if circumstances occur that would permit Lender to require immediate payment in full, bu t Lender does not <br />require such payments, Lender does not waive its rights with respect to subsequent events. <br />(d) Regallsiloas of HUD Suratary. In many circumstances regulations Issued by the Secretary will Untit Lender's rights, in <br />se not paid This Security the em of payment defaults, to require immediate payment in full and foreclose if a - t Instrument does <br />Secretary. <br />not authorize acceleration or foreclosure if not permitted by regulations of the <br />A. Relinstatessent. Borrower has a right to be reinstated If Lender has required immediate payment In full bemuse Of <br />Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure <br />proceedings we instituted. To reinstate the Security Instrument, Borrower shall tender in a Jump sum all amounts required to <br />obligations of Borrower under this Security <br />A. <br />bring Borrower's amount current including, to the extent they are <br />attorney's fees fees and expenses properly associate <br />foreclosure costs and reasonable and customary with the foreclosure Y's <br />Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain In effect as <br />proceeding, <br />if Lender had not required immediate payment in full. However, Lender Its not required to permit reinstatement if: (I) Lender has <br />aCCC cars nunedl preceding pted reinstatement after the commencement of foreclosure proceedings within two Y immediately p n the <br />commencement of a current foreclosure procading, 00 reinstatement will preclude foreclosure on different grounds in the <br />future. or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. <br />11. Borrower Not Released; Forbearance By lander Not a Waiver. Extension of the time of payment of modification or <br />amortization of the sums secured by this Security instrument granted by Lender to any successor in interest of Borrower shall not <br />in interest. Lender shall not be required to <br />operate to release the liability of the original Borrower or Borrower's successor <br />commence proc"up 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 />the <br />successors In Interest. Any forbearance by Lender In exercising any right or r emedy shall not be a waiver of of preclude <br />exereft of any right or remedy. <br />n. Saccinson; and Aniline Bouisill Joint and Several Liablillty; Co-Sipen. 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 Instrument or the Note without that Borrower's consent. <br />13. Node s. 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 designates by notice to Lender. Any notice to Lender shall be given by first clan 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 darned to have been given to Dorrzowa or Lender when given as provided In this paragraph. <br />34. Governing Law; Sevefablilly. T• Security Inr.mm-ini Oa;i be governed by Federal law and the law of the jurisdiction in <br />which the Property Is located. In the event tha, any provision or clause of this Security Instrument or the Note conflicts with ap <br />..C.- 7rovisions of this Security Instrument or the Note which can be given effect <br />plicable law, such conflict shall not affect of e: without the conflicting provision. To this end she provisions of this Security Inst rument and the Note are declared to be <br />severable. <br />IS. Borrower's Copy. Borrower sh" be given one conformed copy of this Security Instrument. <br />16. Assignment of Rents. Borrower unconditionally assigns and nansfets 10 Lerder all the rents and revenues of the Property. <br />Borrower authorizes Lender or Lender's agents to collect tae rents and revenues as hereby directs each tenant of the Property <br />to pay the rents to Lender or Lender's agents. However, prior i v Lender's notice to Borrower of Borrower's breach of any cove- <br />nant t and receive all rents and revenues of the Property as trustee <br />nant or agreement in the Security Instrument. Borrower shall col. <br />for the benefit of Lender and Borrower. This assignment of rems 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 4rustet for benefit <br />of Lender only, to be applied to the sums secured bj• the Security Instrument; (b) Lender shall be entitled to coUec, and receive 211 <br />or the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or LgrAtr's agent <br />on Lender's written demand to the tenant. <br />Borrower has not executed any -r.,;ot assignmtni of the rents and has not and will not perform any ac -t that would present <br />Lender from exercising its rights under INS raiag?aph 16. <br />Lender shall not be ce(luiYed to enter upon, take con-.,ol of or maintain the Property before or after giving ir..ice of breach to <br />n TMN <br />Borrower. However, Lerder or a judicially appointer: receiver may do so at ai%% -::tTe there is a breach. Any app`.zatto of . <br />shall not cure or waive any default or invalidate ang other right D!r ter of i ender. This assignment of rents �( the Prorettv <br />shall terminate when the debt secured by the Security In3tru=-ta- * land in full. <br />
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