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i' <br />.��_ r t r•:••r • ;try : "t/� s -.n•y ^�a +..a • , . r` ___ _ <br />IRE-RECORDED 9A 106981 <br />90-- 107238 <br />Cmw* rat Aceebrdkw of Debt. <br />to) DatatsM. Leader may. except as limited by regulations tatted by the Secretary In the ease of payment defaults, require..;- - <br />Ima►edlate paynsert in full of sU sums secured by this Security Instrument if: <br />- <br />(i) Borrower debuts by tailing 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 friUtmgl, for a period of thirty days, to perform any other obligations contained in this Security <br />yA4.p Instrument. <br />(b) Solt v4disiat Craih ApprovaL Lender shall. if permitted by applicable law and with the pdor approval of the Secrtrtary, require _ <br />immediate payment in full of all the soma secured by this Security Instrument if: =_ - -- <br />(i) AB or part of the hvputy is aberwise: truufwed (other than by devise or doom) by the Borrows, and =- <br />(ii) The Property is not occupied by the purchaser or Stratum <br />as his a her prir or oeoottdary «xidena, or b r <br />grarm dam so ocia" the Property but his or her credit has trot been approved in�accordance n with the requirements <br />(e) No Waiver. 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) Rgttlsti ma or Ituo Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in v <br />that case of payment defaults, to require immediate payment in full and foreclose it Rot paid. This Security Instrument does <br />rat awthorize acceleration or foreclosure if not permitted by regulations of the Secretary. -_ <br />M- awassitailmess. Borrower has a right to be reinstated if Lender has Mulled immediate payment in full because of <br />Btttrosxr's failure to pay our amount due under the Note or this Security Instrument. This right applies even after foreclosure <br />proceedings an instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all arreounts squired to _ <br />t including, to ;he <br />bring Borrower's account curren ,xtent they are obligations of Borrower under this Security Instrument. <br />foreclosure costs and reasonable and customar. attorney's fees and expenses properly it associated es with the foreclosure <br />as <br />proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as <br />t `Sri( ,... .1f <br />1�� if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has r' %CI t „n�,. -•.,,� <br />.. <br />accepted Lends reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the j .M <br />commencement to a current foreclosure proceeding, (11) reinstatement will preclude foreclosure on different grounds in the I r • _ .s_ „ „� ,,. <br />future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. <br />ill, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of <br />r <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 />"6 <br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization <br />of the sumo secured by this Security instrument by reason of any demand made by the original Borrower or Borrower's ti7: <br />successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the <br />�- '; ;�:• exercae of any right or rcuwsly. � ` <br />:.f;r,i <br />t, ;.•. -,,.;, ' L2. successors and Assigns pound: Jdo/ sad Several Liability; Co- Sigaen. The covenants and agreements of this Security is <br />)12 ;' Instrument shall bind and benefit the; JOis lm and assigns of Lender and Borrower, subject to the provisions of paragraph 9.b. <br />Borrower's covenants and agreements shall be join[ and several. Any Borrower who cosigns 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 i ,;;; "•i ;1 <br />the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security }'' ` ' ;'.• <br />r; r j:; •` i Instrument; and (c) agrees that Lender and any other 'Borrower may agree to extend, modify, forbear or make any <br />'.•� }ti r:'r' accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. <br />13. Nod es. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by malting it by I <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 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 shag <br />be deemed to have been given to Borrower or Lender when given as provided in this paragraph. ; <br />34. Governing Law; Severabfilly. 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 E <br />sev enable. F <br />i <br />13. 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 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 Lender's notice to Borrower of Borrower's breach of any cove. <br />t •• nant or agreement in the Secu: itv instrument, Borrower shall coll ect and receive all rents and revenues of the Property as trustee ; <br />l for the benefit of Lender and Borrower This assignment of rents constitutes an absolute assignment and not an assignment for I <br />I 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 Leader 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: 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 rights under thi% paragraph M. <br />ti Lender shall not be required to enter uror., i ake control of or maintain. the I, orerty before or after turn: notice of breach tt+ <br />Borrower. However, Lender or a judicially apromted receiver may do so a: ,tr.%• time there is a breaci•. ,Ac. application of rents <br />shall not cure or waive any default or invalidate any other right or remedy of lender. Ti: ; assignment of rents of the Property <br />shall terminate when the debt secured by the Security Instrument is paid in lull. <br />1� <br />,t <br />