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200300136 <br />(e) Mortgage Not Insured Borrower agrees that should this Security Instrument and the Note secured thereby not be <br />eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option <br />and notwithstanding anything in paragraph 9, require immediate payment In full of all sums secured by this Security <br />Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date <br />hereof, declining to insure this Security Instrument aid the Note secured thereby, shall be deemed conclusive proof of <br />such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability <br />of insurance is solely due to Lenders failure to remit a mortgage insurance premium to the Secretary. <br />10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of <br />Borrowers 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 are obligations of Borrower under this Security Instrument, <br />foreclosure costs and reasonable and customary attorneys' 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 <br />as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if. (i) <br />Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately <br />preceding the commencement of a current foreclosure proceeding, (it) reinstatement will preclude foreclosure on different <br />grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification <br />of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower <br />shall not operate to release the liability of the original Borrower or Borrowers successor in interest. Lender shall not be <br />required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify <br />amortization of die sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br />Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of this <br />Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br />paragraph 9.b. Borrowers covenants aid agreements shall be joint and several. Any Borrower who co -signs this Security <br />Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that <br />Borrowers interest in the property under the terns of this Security Instrument; (b) is not personally obligated to pay the sums <br />secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear <br />or make any accommodations with regard to the terns of this Security Instrument or the Note without that Borrower's consent. <br />13. Notices. Any notice to Bovower provided for in this Security Instrument shall be given by delivering it or by mailing <br />it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address <br />or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first -Class mail to <br />Lender's address stated herein or any address Tender designates by notice to Borrower. Any notice provided for in this <br />Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />14. Governing Law; Severability. This Security InsWment shall be governed by federal law and the law (if the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note <br />conflicts with applicable law, such connicl shall not affect other provisions of this Security Instrument or the Note which can <br />be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are <br />declared to he severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the <br />Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or <br />storage on the Property of small quantities of Iazardous Substances that are generally recognized to be appropriate to normal <br />residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any <br />goverhmhental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br />Law of which Borrower has actual knowledge. if Borrower leans, or is notified by any governmental or regulatory authority <br />that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall <br />promptly lake all necessary remedial actions in accordance with Environmental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by <br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic pcholcum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used <br />in this paragraph 16, "Environmental Laws' means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health, safety or crwiromnental protection. <br />es� Pass 4 of 6 <br />mcnouca vmx a /u /zoao <br />