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200213670 <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 amounts shall bear interest from the data 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 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 operate to prevent the enforcement of the lien, or (c) secures four <br />the holder of the lien an agreement satisfactory to lender sobordinating the lien to this Security Instrument If Lender determines that any part <br />of the Property is subject to a Tien which may attain priority over this Security Instrument. Lender may give Borrower a notice Identifying the <br />lien. Borzower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. <br />S. Fees Lender may collect fees and charges authorized by the Secretary. <br />9. Gramdsfor Amoderationaf Ddit <br />(a) Default Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require <br />immediate paymcnt in full of all sums secured by this Security Instrument if: <br />in Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due <br />data of the next monthly payment, or <br />(ii) Bonrower defaults by failing_ for a period of thirty days, to perform any other obligations contained In this Security <br />Instrument. <br />(b) Bale Wiflgrt Credit Approval. Lender shall, if permitted by applicable law and with the prior approval of the Scachux, <br />require immediate payment in full of all the sums secured by this Security Instrument if. (1) All or part of the Property, or a <br />beneficial interest in a test owning all or part of the Popery, y, is sold or otherwise transferred (other than by devise or desceml by <br />the Borrower, and <br />(n) The Property is not occupied by the purchaser 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 />(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not regmm <br />such payments, Lender does not waive its rights with respect to subsequent events <br />(4 Regulations of HUD Setaretary. In many circumstances regulations issued by the Senemy will limit Lentos 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 regulations of the Secretary. <br />(e) Mortgage Not lual¢ed. Borrower agrees that should this Security Instrument and the Note secured thereby not be eligible for <br />insurance under the National Housing Act within 90 Days from the date 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 this 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 to <br />Lender's failure to remit a mortgage insurance premium to the Secretary . <br />IQ RemNalwt Bannister has a right to be reinstated if Lcndcr has rcquimd immediate payment in full because of Borrower's failure <br />o pay an amount due under the Nine or this Security Instrument . This right applies even after foreclosure proceedings are Instituted. To <br />reinstate the Security Instruuent, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including to <br />the extent they are ahligations of Borrower under this Security Instrument, f neclowre costs and reasonable and customary attorneys' fees and <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, Lender is not required to permit <br />reinstatement if: in Leader has accepted reinstatement after the commeneement of foreclosure proceedings within two years fmmedimely <br />preceding the commencement of a current foreclosure proceeding. (a) reinstatement will preclude foreclosure on different grounds in the More, <br />or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. <br />IL BorrarQ Not Released; ForbearanceBy Leader Nota Waiver. Extension of the Lime 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 mlease the <br />liability of the original Borrower or Borrower's successor in interest Lender shall not be required to commence proceedings against any <br />successor in interest or refuse to extend time 1'or payment or otherwise modiy amortisation of the sums secured by this Security instrument by <br />reason of any demand made by the original Borrower or Borrowers successors in interest Any forbearance by Lender in exercising any right or <br />remedy shall not he a waiver of or preclude the exercise diary right or remedy. <br />12 SucceseorsadAlegreBaond; Joel and Serval LiaJaMy; Coafttas The 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 9.1b. Borrower s covenants and <br />agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but doe, not execute the Note. (a1 Is co- signing Iris <br />Security Instrument only to mortgage. so cut and convey that Borrowers interest in the Property 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 occonhmodations with regard to the terns of this Security Instrument or the Note without hat Borrowers <br />consent. <br />L4. Nations. 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 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 doss mail to Lenders address stated herein or any address Lender <br />designates by notice to Borrower. Any notice presided 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 />14Gaverno w;Seucabiity. This Security Instrument shall be govemed by Federal law and the law at thejurisdicdoo In which the <br />Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such <br />rr, hors <br />1101 CV (801n) 1623291 <br />