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90107284
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Last modified
10/21/2011 1:47:02 AM
Creation date
10/20/2005 10:15:12 PM
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90107284
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• 1 <br />..i <br />I <br />�, - - -- <br />9. Gleaain a. Atulsafte of Dabt. 90._ 107284 <br />(a) betank. Lewder may, except as Waited by regulations issued by the Swelm y III tla #:ells of paytnemt defaults, require <br />immediate pay== is full of all suet secured by this Security instrument If: <br />(1) Borrower defaults 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 />04 Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in ibis Security <br />Instrument. <br />(b) Sink Wkboat Credit Appsovai. Lender shall, it permitted by goiable haw and whh the prior approval of the Secretary, requite <br />imatediase payment in li ll of all We sums mcwW by this Security lahgrurrsent If- <br />(I) Ali or put of the Property is otherwise transferred (other than by devise or descaa) by the Borrower, and <br />(ii) The Property is not owWW by the purchaser or grantor: as Isis or her pt:.nuy or secondary residence, or dte purchaser or <br />graratea does so omgry the Property but his or her credit bas am been approved in aeco dente wish she requirisnu s of the Secretary. <br />(c) No Wsivay. 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) RegWWkna of HUD Secrets". In many circumstances regulations issued by the Secretary will limit Lender's rights, in <br />the case of payment defaults, to require immediate payment in fuU and foreclose if not paid. This Security Irutmment does <br />not authorize scakration or foreclosure if not permitted by regulations of the Secretary. <br />10. Relastatessea4 Borrower has a right to be reinstated If Lender has required immediate Payment in full because 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 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 we obligations of Borrower under this Security Instrument, <br />foreclosure costs and reasonable and customary attorney's fen and expenses properly associated with the foreclosure <br />proceeding. Upon reinstatement by Borrower. this Security Instrument and the obligations that it secures shall remain in effect as <br />if Lender had not required immediate payment in full. However, Lender Is not required to permit reinstatement if: (i) Lender has <br />accepted reinstatement after the commencement of foreclosure proceedings within two yeas Immediately preceding the <br />commeacemeat of a current foreclosure proceeding. (ii) 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 />IL Borrower Not Rtdemed; forbearance By Leader Not a Waiver. 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 />com mwx proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization <br />of the suss secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's <br />successor in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the <br />cxcrrE;c of any right or remedy. <br />12. Successors gad Amiga Bound; Joint and Si veral 1.1nblg4; Co-Signeris• 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 snake any <br />accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. <br />13. Noshes. 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 tint 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 darned to have been given to Borrower or Lender when given as provided in this paragraph. <br />11. Governing Law; Sererubift. 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 />plicabk 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 />IS. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />16. AssIle scent of Reels. 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 />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 I nstrument; (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 this partyrttuh 16. <br />L codier shall not be required to gotta upon, tape .nmtrol or or maararun the Property Wore or after gnhns notice of breach w <br />lkvr. gwts. However. Lender or it Ittdium; v appoinwd ruce tiesr may do w at any time there is a breach. Any application of rents <br />shall Wt ,nitre or w;tive any detau6t or mvandarr am, other tight or rtrmedv of (.ender. This assignment of rents of the Property <br />sUM terminate when the debt secured by the SatuntY foxrument is pwd ut I oil <br />YJR? 1 of 4 <br />W — <br />— �.JI.aa04f...�•�I� -fl.�� <br />r. <br />�•.. :fir :. �- <br />1 <br />1 <br />
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