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200212777
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Last modified
10/15/2011 10:18:34 AM
Creation date
10/22/2005 10:43:36 PM
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DEEDS
Inst Number
200212777
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20021277{ <br />LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centum (4 %) <br />of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover the extra <br />expense involved in handling delinquent payments, but such "late charge" shall not be payable out of the <br />proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to <br />discharge the entire indebtedness and all proper costs and expenses secured hereby. <br />GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount <br />within 60 days from the date that this loan would normally become eligible for such guaranty committed <br />upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans <br />Benefits," the Mortgagee may declare the indebtedness hereby secured at once due and payable and may <br />foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law <br />provided. <br />TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of <br />the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is <br />established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. <br />An authorized transfer ( "assumption ") of the property shall also be subject to additional covenants and <br />agreements as set forth below: <br />(a) ASSUMPTION FUNDING FEE: A fee equal to one -half of 1 percent (.50 %) of the balance of this <br />loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its <br />authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the <br />time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear <br />interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any <br />transferee thereof, shall be immediately due and payable. This fee is automatically waived if the assumer is <br />exempt under the provisions of 38 U.S.C. 3729 (c). <br />(b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption of <br />this loan, a processing fee may be charged by the loan holder or its authorized agent for determining the <br />creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved <br />transfer is completed. The amount of this charge shall not exceed the maximum established by the <br />Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code <br />applies. <br />(c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby <br />agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing <br />the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any <br />claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. <br />DOC #:319852 <br />(M-538R (9904).01 <br />APPL #:8010128497 <br />Page 2 of 3 <br />1108 #8010128497 <br />Initial!G! <br />r <br />
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