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200210490
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200210490
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Last modified
10/15/2011 6:53:36 AM
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10/22/2005 9:54:51 PM
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DEEDS
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200210490
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200210190 <br />Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Secto icy <br />Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately <br />due and payable. <br />Borrower shall promptly discharge wry lien which has priority over this Security Instrument unless Burrower (a) agrees in writing to the <br />payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against <br />enforcement of the lien in, legal proceedings which in the Lender's opinion oPerot, to prevent the enforcement of the lien, or (c) secures from <br />the holder of the lien an agmomcnt satisfactory to lender subordinating the lien to this Security Instrument. If Lender determines that any part <br />of the Property is subject to a lien which may attain priority, over this Security Instrument, Lender may give Borrower a notice identifying the <br />lien. Borrower shall satisfy the lien or lake one or more of the actions set forth above within 10 days of the giving of notice. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary. <br />9. Grounds for Acceleration of Debt. <br />(a) Default. Lender shay, 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 />(i) Borrower defaults by failing to pay in full wry monthly payment required by this Security Instrument prior to or on the due <br />date of the next monthly payment, or <br />(it) 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. lender shall, if pefnutted by applicable law and with the prior approval of the Secretary, <br />require immediate payment in fill of all the sums secured by this Security Instrument if: (i) All or part of the Property, or a- <br />beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent) by <br />the Borrower, and <br />(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so <br />occupy the Properly, but his or her credit has not been approved in accordance with than requirements of the Secretary . <br />be) No Waiver. if cimunhstwses occur that would permit Lender to require immediate payment in full, but Lender does not require <br />such payments, Lender does not waive its ri ghts with respect to subsequent events. <br />(d) Regulations of HUD Secretary. In many circumstriues regulations issued by the Secretary will limit Lenders ri ghts, is the case <br />of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not anthorixe <br />acceleration or foreclosure if not permitted by mgulatiom of the Secretary . <br />(e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured thereby not he eligible for <br />insurance under the National Housing Act within 90 Days from the data hereof, Lender may, at its option and <br />notwithstanding anything in paragraph 9, require immediate payment in full of all sums secured by this Security Instrument A <br />written statement of any authorized agent of the Secretary dated. subsequent to 90 Days from the date hereof, <br />declining to insure Ills Security Instrument and the Note secured thereby, shall be deemed conclusive proof of such ineligibility. <br />Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due in <br />I zadei s failure to rent[ 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 Borrower's failure <br />to pay an amount due coder the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To <br />reinstate the Security Instrument, Borrower shall tender in a lump sunk all amounts required to bring Borr'ower's account current including, to <br />the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees Laid <br />expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations <br />that it secures shall remain in effect as if Lender had not required immediate payment in full. However, fender is not required to pent[ <br />reinstatement if (i) Lender has accepted reinstatement after the conesencemen[ of foreclosure proceedings within two years immediately <br />preceding the commencement of acurrent foreclosure proceeding, (it) reinstatement will preclude foreclosure on different grounds in the future, <br />or (iii) reinstatement will adversely affect the priority of the lien created by this Scent try Instrument. <br />11. Borowur Not Released; Forbearance By Lender Not a Waiver. Extension of die time of payment or modification of amortization <br />of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall nut operate to release the <br />liability of the original Borrower or Burrower "s successor In interest. Lender shall not be required to commence Proceedings against any <br />successor in interest or refuse to extend time for payment or otherwise modify amortization oflhe sums secured by this Security Iostmment by <br />reason of any demand made by the original Borroweror Borrowers successursin interest Any forbearance by Lender in exercising any right or <br />remedy shall not be a waiver of or preclude the exercise of any right or rumedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co- Signers. Tire covenants and agreements of this Security Instrument <br />shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 9.b. Borrowers covenants and <br />agreements shall be joint cord several. Any Borrower who eo -signs this Secnnry Instrument but does not execute the Note: (a) is co- signing this <br />Security Instrument only to mortgage, grant and convey that Borrower's interest in the Properly under the terms of this Security Instrument: (b) <br />is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to <br />extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's <br />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 first class <br />mail unless applicable law requires use of another method. The nonce shall be directed to the Property Address or any other address Borrower <br />designates by notice 10 Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender <br />designates by notice to Borrower. Any ounce provided for in this Security Instrument shall be deemed to have been given to Borrower or <br />Lender when given as provided in this paragraph. <br />14. Governing Law; Severability. This Security instillment shall be invented by Federal law and the low of the jurisdiction in which the <br />Property is located. In the event that any provision or clause of this Security Iostmment or the Note conflicts with applicable law, such <br />to,e3af5 <br />ItoIcv(8Np r G11948 <br />Garu(00021dom <br />
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