Laserfiche WebLink
17. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER <br />If all or any part of the Property or an interest therein is sold or transferred by Borrower (or if a beneficial interest in <br />Borrower is sold or transferred and Borrower is not a natural person or persons but is a corporation, partnership, trust <br />or other legal entity) without Lender's prior written consent, excluding (A) the creation of a lien or encumbrance <br />subordinate to this Security Instrument which does not relate to a transfer of rights of occupancy in the property; (B) <br />the creation of a purchase money security interest for household appliances; (C) a transfer by devise, descent or by G <br />operation of law upon the death of a joint tenant; or (D) the grant of any leasehold interest of three years or less not O <br />containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Security <br />Instrument to be immediately due and payable. O <br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />Paragraph 14 hereof. Lender may, without further notice or demand on Borrower, invoke any remedies permitted byOC <br />this Security Instrument. -%J <br />Lender may consent to a sale or transfer if (1) Borrower causes to be submitted to Lender information required by <br />Lender to evaluate the transferee as if a new loan were being made to the transferee; (2) Lender reasonably determines <br />that Lender's security will not be impaired and that the risk of a breach of any covenant or agreement in this Security <br />Instrument is acceptable (3) interest will be payable on the sums secured by this Security Instrument at a rate <br />acceptable to Lender; (4) changes in the terms of the Note and this Security Instrument required by Lender are made, <br />including, for example, periodic adjustment in the interest rate, a different final payment date for the loan, and <br />addition of unpaid interest to principal; and (5) the transferee signs an assumption agreement that is acceptable to <br />Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security <br />Instrument, as modified if required by Lender. To the extent permitted by applicable laws, Lender also may charge a <br />reasonable fee as a condition to Lender's consent to any sale or transfer. <br />Borrowers will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower <br />in writing. <br />18. BORROWER'S WARRANTIES REGARDING FORFEITURE <br />Borrower states that he will not use, and will not permit any third party to use the Property or any portion thereof or <br />interest therein for any purpose that would cause the property to be subject to forfeiture. Borrower further states that <br />the Property has not been acquired with the proceeds from any transaction or activity that would thereby cause the <br />property to be subject to forfeiture. <br />19. LENDER'S RIGHT TO REQUIRE IMMEDIATE PAYMENT IN FULL <br />If I fail to keep any promises or agreements made in the Note or in this Security Instrument, including the promises to <br />pay when due the amounts I owe to Lender, I will be in default. If this occurs, the Lender may require that I pay <br />immediately the entire amount then remaining unpaid under the Note and under this Security Instrument. Lender may <br />do this without making any further demand for payment. This requirement will be called "Immediate Payment in <br />Full. " <br />If I am in default for any reason, you have the right to demand payment of the entire amount I owe you. If Lender <br />requires payment in full or in the event of foreclosure, I agree to pay reasonable and permissible legal fees, costs and <br />disbursements, and that such total amount shall be paid by me with interest, up to the day you actually receive such <br />payment, even after foreclosure occurs. <br />If Lender requires the Immediate Payment in Full, Lender may direct the Trustees to exercise their Power of Sale to <br />take away all of my remaining rights in the Property, and to have the Property sold. At the sale, Lender or another <br />person, may acquire the Property. This is known as "Decree for Sale." (See Paragraph 25) <br />20. LENDER'S RIGHTS TO RENTAL PAYMENTS AND TO TAKE POSSESSION OF THE PROPERTY <br />If Lender requires Immediate Payment in Full, or if I abandon the Property, then Lender, persons authorized by <br />Lender, or a receiver appointed by a court at Lender's request may; (A) collect the rental payments, including overdue <br />rental payments. directly from the tenants: (B) enter on and take possession of the Property; (C) manage the Property; <br />and (D) sign, cancel and change leases. If Lender notifies the tenants, Lender has the right to collect rental payments <br />to Lender without having to ask whether I failed to keep any promises and agreements under this Security Instrument. <br />If there is a foreclosure and sale, I will pay to Lender reasonable rent from the date of sale for as long as I occupy the <br />Property. However, this does not give me the right to occupy the Property. <br />All rental payments collected by Lender or by a receiver, other than the rent paid by me under this Paragraph 20, will <br />be used first to pay the costs of collecting rental payments and /or managing the Property. If any part of the rental <br />payments remains after those costs have been paid in full, the remaining part will be used to reduce the amount that I <br />owe to Lender under the Note and under this Security Instrument. The costs of managing the Property may include the <br />receiver's fees, reasonable attorney's fees, and the cost of any necessary bonds. Lender and the receiver will be <br />obligated to account only for those rental payments that they actually receive. <br />If I fail to make any payments or keep promises under this Security Instrument or the Note, then I shall pay monthly <br />in advance to you or to any receiver a fair charge for the use of the Property that I occupy. If I do not pay this fair <br />charge, you or the receiver may sue to collect it or to remove me, or both. I will not collect more than one (1) <br />month's rent in advance from any tenant or occupant without your written consent. <br />21. LENDER'S OBLIGATION TO DISCHARGE THIS SECURITY INSTRUMENT <br />When Lender has been paid all amounts due under the Note and under this Security Instrument the Lender will release <br />this Security Instrument and deliver a release stating this Security Instrument has been paid in full. I will pay all costs <br />of recording the Release in the proper official records. <br />Doc #20380 - NEMT6 <br />