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200213481
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200213481
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Last modified
10/15/2011 11:27:32 AM
Creation date
10/22/2005 11:01:54 PM
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DEEDS
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200213481
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200213481 <br />Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security <br />Instrument. These ...net, shut 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 any lien which has priority over this Security Instrument unless Borrower (a) agrees in writing to the <br />payment of file obligation secured by the lien in a manner acceptable to Lender', (h) contests in good faith the lien by, or defends against <br />enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secrues from <br />the holder of the lien an agreement 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 only attain priority over this Security Instrument, Lender may give Borrower a notice identifying the <br />lien. Borrowet shall satisfy the lien or take one of more of the actions set forth above within 10 days of the giving ofamice - <br />N. Fees. Lender may collect fees and charges authorised by the Secretary. <br />9. Grounds for Acceleration of Debt. <br />(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require <br />immediate puymcut in full of all sums secured by this Security Instrument if <br />(it Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due <br />date al the next monthly payment, or <br />(Ip B...we, defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security <br />lnstrurnent. <br />(h) Sale Without Credit Approval. Lender shall, if permitted by applicable law and with the prior approval of the Secretary, <br />require immediate payment in full 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 pant of tine Property, is sold n otherwise transferred (other than by devise or descent) by <br />the Borrower. and <br />(it) The Property is not occupied by the pufchuser of grantee as his or her principal residence, or the purchaser or grantee does so <br />occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary <br />(d) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require <br />such payments. Lender does not waive its rights with respect to subsequent events. <br />(d) Regulations of HIJD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case <br />of payment defaults. to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize <br />acceleration or foreclosure if not permitted by egulations of the Secretary. <br />(e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured thereby not be eligible for <br />m,urunce under Ilm National Housing Act within 90 Days from the date hereof, Lender may, at its option and <br />notwifhstanding anything in pamgmph 9, require immediate payment in fall of all sums secured by this Security Instrument A <br />wriften statement of any authorized agent of the Secretary dated subsequent to 90 Days from the dale hereof, <br />declining to insure tills Security Insnunnent and the Note secured thereby, shall be deemed conclusive proof of such ineligibility . <br />Notwithstanding the fonegoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to <br />Lender's 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 Borrower's failure <br />to pay an amount due under 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 lamp suer all amounts required to bring Borrower's account current including, to <br />the extent they arc obligations of Borrower under this Security Instrument. foreclosure costs and reasonable and customary attorneys' fees and <br />expenses properly associated with the foreclusure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations <br />that it secures shall amain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit <br />reinstatement if; 0) Lender bus accepted reinstatement after the commencement of foreclosure proceedings within two years immediately <br />preceding the ummencement of a current fofech sue proceeding. iii) reinstatement will preclude foreclosure on different grounds in the future, <br />or (Ill) reinsfatmnenl will advenely affect the priority of the lien created by this Security Instrument. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthe 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 not operate to release the <br />liability of the original Borrower or Bo lowei 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 of the sums secuted by this Security Instrument by <br />reason of any demand made by the original Borrower or Bunvwefs successors in interest Any forbearance by Lender in exercising any fighter <br />remedy shall nut be u wuivenff or preclude the exeicise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co- Signers. The euvenvrts and agreennents of dtis Security Insrument <br />shall hind and benebl the lace :a,ms and'asslgns of Lender and Bormwer, subject to the provisions of Paragraph 9b Bormwefs covenants and <br />agreements shall be joint and several. Any Borrower who co signs this Security Insounnent but does not execute the Note (a) is co-signing this <br />Security Instrument only to mortgage, grant and mnvcy that Borrower interest in the Property underthe terms of this Security Instrument, (b) <br />is not personally obligated to pay the suns secured by this Security Instrument: and (c) agrees that Lenderand any other Bonower may agree to <br />extend, modify, forbear or mukc any accommodations with regard to the terms of this Security Instrument or the Note without that Borower's <br />muscat. <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by fist class <br />mail unless applicable law requires use of another method The notice shall be directed to the Property Address or any other address Borrower <br />designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lcndcr <br />designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Bonower or <br />Lender when given as provided in this paragraph. <br />14. Governing Law; Severabilily. This Security Instrument shall be governed by Fedeal law and the law of thejunsdicuon in which file <br />Property is located In Ilse event that any provision or clause ofthis Security Instrument or the Note conflicts with applicable law, such <br />Pogo 3 ors <br />1101- Cc(M1) 1611,14 <br />GOT000039e 201 <br />
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