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200207717
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Last modified
10/15/2011 2:29:25 AM
Creation date
10/22/2005 9:07:41 PM
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DEEDS
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200207717
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200207717 <br />proceeding shall be addud to the principal balance. Upon reinstatement by Borrower, this Security Instrument and <br />the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. <br />However, Lender is not required to permit reinstatement if. (i) Lender has accepted reinstatement Per the <br />coruncncement of foreclosure proceedings within two years immediately preceding the commencement of a <br />current foreclosure proceeding, (ii) reinstatement will preclude loreclosue on different grounds in the future, or <br />(iii) reinstatement will adversely affect the priority of the Security Instrument. <br />12. Lien Status. <br />(a) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph <br />12(a). It Lender determines that the original lien status of the Security Instrument is jeopardized under stale <br />law (including but not limited to situations where the amount secured by the Security Instrument equals (ir <br />exceeds the maximum principal amount stated or the maximum period under which loan advances retain the <br />same lien priority initially granted to loan advances has expired) and state law permits the original lien status <br />to be maintained der fuwrc loan advances through the execution and recordation of one or more docmnents, <br />then lender shell obtain title evidence at Borrowefs expense. It the title evidence indicates that the Property <br />is not encumbered by any liens (cxecpd this Security Instrument, the Second Security instrument described in <br />Paragraph 13(a) and any subordinate liens that the Lender determines will also be subordinate to ally future <br />loan advances), Lender shall request the Borrower to execute any documents necessary to protect the lien <br />status of future loan advances. Borrower agrees to execute such docurnenls. If state law does not permit the <br />original lien status to be extended to future loan advances, Borrower will be deemed to have failed to have <br />performed an obligation under this Security Instrument. <br />(b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any <br />liens created by the tax deferral are not subordinate to this Security Instrument <br />(c) Prior Liens. Borrower shall promptly discharge any lien which has priority over this Security <br />Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a <br />manner acceptable to !.under; (b) contests in good faith the lien by, or defends against enforcement of the <br />lien in, legal proceedings which in the Lender's opinion operate to prevent The enforcement of the lien or <br />forfeiture of any part of the Property; or (c) secures from The holder of the lien an agreement satisfactory to <br />Lender subordinating the lien to all amounts secured by this Security Instrument. If Lender determines that <br />any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender <br />may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the <br />actions set forth above wi ill in 10 days of the giving of notice. <br />13. Relationship to Second Security Instrument. <br />(a) Second Security Instrument. In order to secure payments which the Secretary may make to or on <br />behalf of Borrower pursuant to Section 255(1)(1)(A) of the National Housing Act and the Loan Agreement, <br />the Secretary has required Borrower to execute a Second Note and a Second Security Instrument on the <br />property. <br />(b) Reladinnship of First and Second Security Instruments. Payments made by the Secretary shall nod be <br />included in the debt under the Note unless: <br />(a This Security Instrument is assigned to the Secretary; or <br />(ii) the Secretary accepts reimbursement by the Lender for all payments made by the Secretary. <br />If the circumstances described in (a or (it) occur, then all payments by the Secretary, including interest en <br />the payments, but excluding late charges paid by the Secretary, shall be included in the debt under the Note. <br />(e) Effect oar Horrawer'. Where there is no assignment or eiurbar ancnt as described in (b)(i) or (ii) and <br />the Secretary makes paymcuts to Borrower, then Borrower shall not <br />(i) Be required in pay amounts owed under the Note, or pay any rents and revenues of the Property under <br />Paragraph 19 to Lender or a receiver of the Property, until the Secretary has required payment in full of all <br />outstanding principal and a «rued interest under the Second Note; or <br />(ii) Be ubligatcd to pay inlcesl ,, shared appreciation under the Note at any time, whether accrued before <br />or Ober the payments by the Secretary, and whether or not accrued interest has been included in the <br />principal balance under the Note. <br />osxA 02109 Pug, I <br />
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