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••' :. 7SYe Mk�r. <br />.t <br />i <br />47F <br />r <br />�. Graaatf)s for Aetaleratb. of Debi. 90-107310 <br />(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require <br />Immediate payment in full of all sums 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 />(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security <br />Instrument. <br />(b) Sale without credit Approval. Lersfer shall, it permitted by applicable law and with the prior approval of the Secretary, require <br />Immediate payment in fill of all ire sums secured by this Security Irutrunum if: <br />(i) All or pen of the Property is otherwise transferred (other than by devise or descent) by the Borrower. wed <br />(ill The Property is not occupied by the purraasr or grantee as his or her primary or secondary residence, or the purchaser or <br />grandee does so occupy rho Property but his or her credit has not beer approved in aecordanoe with the roqulre w u of the Secretary <br />(c) No Waiver, If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not <br />require such payments. Leader does not waive its rights with respect to subsequent events. <br />(el) ReRaNdalia of HUD Secretary. in many circumstances regulations issued by the Secretary will 11mi1 Lender's rights. in <br />the case of payment defaults. to require immediate payment In full and foreclose if not paid, This Security Instrument does <br />trot authorize a Ieration or foreclosure if not permitted by regulations of the Secretary, <br />N, RebatalemaL 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 ate 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 are obligations of Borrower under this Security Instrument, <br />foreclosure costs and reasonable and customary attorney's fees 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 years immediately preceding the <br />future, or (iii) reinstatement will adversely affect the priority of the lien creatted by this Security Instrument. nt grounds In the <br />11. Borrower Not Released; Forbearance By Lender 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 Borower's successor in interest. Lender shall not be required to <br />commence proceedings against any successor in interest oT refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instrument by Teason of any demand made by the original Borrower or Borrower's <br />successors In interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />U. Suctetsors and Assigns Bound; Joint and Several L1abi111y; Co- Signers. 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. 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 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 />14. Governing Law; Seversbllity. 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 convicts 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 <br />sevetable. <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 />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 npplied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all <br />of the rents of the Prorerty; 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 />Borroaet has not extcuted any prior assignment of the rents and has not and will not perfarTr. anv act that would prevent <br />Lender from exercising its fights under this paragraph 16. <br />Lender shall not be required to enter upon, take conaol of or maintain the Property before or after giving notice of breach to <br />Borrower. However, Lender err a judicially appointed receive- ma) do so at any time there is a breach. Any appl ;cation of rents <br />Shall not cure or waive any default or invalidate any other fight or remedy of Lender. This assignment of rents of the Property <br />shall terminate when the debt secured by the Security initrutnent t, paid in full. <br />r'arte 1 or 4 <br />OS M-J'W­tt <br />FF <br />77 „ <br />h <br />t, <br />'s <br />ri <br />