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200206274 <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 dam 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 and the Note secured thereby, shall he dccmcd 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 clue to Lender's failure to remit a mortgage insurance premium to the Secretary. <br />10. Reinstatement. Borrower his a right to be reinstated if Lender has required immediate payment in fill because of <br />Borrower's failure to pay an amount due under the Note or this Security Instrument. 1 his right applies even after foreclosure <br />proceedings are instituted. 'I 'o 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 />hired usurc ahsts 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 affect <br />as it Lender had not required immediate payment in full. However, Leander 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 tin diflereal <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 lo release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be <br />required to commence proceedings against any successor in interest or refuse to extend time for puynhcnl or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br />Burrower; successors in interest Any Rahearance 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; Go- signers. The covenants and agreements of this <br />Security instrument shall hind and benefit the Successors and assigns of Lender and Borrower, subject to the provisions of <br />paragraph 9.b. Borrowers covenants and agreements shall be joint and several. Any Borrower who cu -signs this Security <br />Instmment but does not execute the Note; (a) is cu- signing this Security Instrument only to mortgage, grant and convey that <br />Borrower's interest in the properly under the terms 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 terms of this Security Instrument or the Note without that Borrowers consent <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing <br />a by first class mail unless applicable law requires use of another method. The notice shall be directed m the Property Address <br />of any other address Burrower dcsignadcs by notice to Lender. Any notice to Lender shall be given by first -class mail to <br />Lenders address stared herein or any address Lender 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 a, provided in this paragraph. <br />14, Governing Law; Scverability. This Security Instrument Shall he governed by federal law and the law of 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 />confbem with applicable law, such conflict 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 be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument <br />16. Hazardous Substances. Burrower shall nut cause or permit the presence, use, disposal, storage, or release of any <br />Ilnzardous Substances on or in the Property _ Borrower shall not do, nor allow anyone else to du, anything almeting the <br />Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or <br />stemma tin tiro Properly of small quantities of Hazardous Substances that are generally recognized to be appraprinte re 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 />governmental 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 learns, or is notified by any governmental of regulatory authority <br />that any removal or other remediabon of any Hazardous Substances affecting the Property is necessary, Borrower Shall <br />promptly take all necessary remedial actions in accordance with Frivironmerml 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 petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or furmaldchyde, and radioactive materials. As used <br />in this paragraph 16, `Environmental Law' cream, federal laws and laws of thejurisdiction where the Property is located [hat <br />reline to health, Safety or environmental protection. <br />rge4afa <br />