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<br />200602366 <br /> <br />(i) All Or part of the Property, or a beneficial interest in a trust ownin,g aU or pan of tbe Property, is sold <br />or othcrwi$e transferred (other than by devise or descent), and <br />(ii) The Froperty is not occupied by the purchaser or grantee as his or her principal rcsidenc~, or the <br />purchaser or grantee does so occupy the Property but his or net:' ct:'edit has not been approved in <br />accordance with the requirements of the Secretary . <br />(c) No Waiver. If circumstanc~ occur that would pennit l,.enaer to require immediate payment in full, but <br />Lender does not require such payments, Lender does not waive its rights wjth respect to subsequent eVents_ <br />(d) Regullltions of J-run Secretary. In many circumstances regulations issued by the Secretary will limit <br />Lender's righl$. in tbe case of payment derault~, to require immediate payment in full and foreclose if not <br />paid. This Security Instrument does not authorize acceleration or foreclosure if llot permitted by regulations <br />of the Secretary. <br />(e) Mortgage Not Insured. BC;lffOWl:!r agrees that if this Security lnstrvIm'nt and the Note arc not detennined <br />to be eligible for insurance under the National Housing Act wUhin 60 days from the date hereof, Lender <br />may, at its option, requite jmmecliate payment in full of all sums secured by this Security Instrument. A <br />written statement of any authorized agent of the Secrl:!tary dated subsequent to 60 days from the date hcrcrJf, <br />deditdng to insure this Security Instrument and the Notc, shall be deemed conclusive proof of ~ucb <br />ineligibility. Notwithstanding tbe foregoing, this option ltlAj not be exercised by Lender when the <br />unavailability or insurance is solely due to Lender's failure to remit a mortgage insurance premium to tb.e <br />Secretary , <br />10. Reinstll.t€ment. Borrower h3.'1 a right to be reinstated if Lender has required inunediate payment in fuU <br />because of Borrower's faill.lre to pay an amount due UIlder the Note or this Security Instrument. This right applies <br />even after foreclosure proceedings are instituted. 'to reinstate the SeC1.lrity Instrument, J3orrower shall tender in a <br />lump sum all amounts required to bring Borrower's account current including, to the extent they arc obHg:;lUons of <br />Borrower under this Security Instrument, forcclOllure costs and reasonable and customary attornEYs' fees and expenses <br />properly associated with the 'foreclOSure proceeding. Upon reinstatement by J.lorrower. this Security Instrument :l.ud <br />the obligation.'l that it secures shall remain in errect as if Lender had not required immediate payment in ful/. <br />However. Lender is not required to permit reinstatement if: (i) Lender It;as accepted reinstatement after the <br />cOtmneDcement of foreclosure proceedings within two years immediately precedin,g the commencement of a Cllrrent <br />foreclosure proceeding, (ii) reinstatement wilt preclude foreclosure on different grounds in tbe futu.re. or (iii) <br />reinstatement will adversely ;ffect the priority of the lien created by this Security Instrument <br />11. Borrower Not Rclea~d; Forbearan<:e By LendeJ:' Not Q Waiver. ltxtm$iotl of the time of payment or <br />modmcation of amortization of the sums secured by this Sec;:tIrity Instrument granted by tender to any successor in <br />interest of Borrower shall not operate to rclCl'l...e the H~bmty of the original Borrowtr or aorrower's successor in <br />interest. lender shall not be required to commence proceedings against any successor in interest or refuse to extend <br />time for payment or otherwise mooify amonization of the sums secured by this Security tnstrument by reason of any <br />deIlUlIld made by the Original Borrower or Borrower's S1,Iccessors in interest. Any forbearance by Lender in exercising <br />any right or remedy shall not be a waiver of Of preclude the exercise of any right (If rtttl.~dy. <br />12. SUttessOI1i and Assigns Bound; .Joj~t .and SenraI Liability; C(J~Signers. The covenants and agre:emElnts <br />of this Security ,In$lnt:J:Mnt shall bind and benefit the successors and assigns Of Lender and Borrower, subject to tbe <br />provisions of paragraph 9(b), Borrower's covenants and agreements shall be joint .and. several. Any Borrower who <br />co"signs this Security Instroment but does not execute the Notc; (a) h: co-signin~ this Security Instrument only to <br />mortgage. grant and convey that 60JIower's interest in the Property wder the tenus of this Security Instrument; (b) <br />is not personally obHgated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any <br />other Borrower may agree to extend, modify, forbear Qr lmke any accommodations with regard to Ute terms of this <br />Security Instrument or the Note without that BOfi:'OWer's CODsent, <br /> <br />CIl,-4AINEI'SGOT I <br /> <br />"nge ! of e <br /> <br />Inltl9l9i~ <br /> <br />03/15/2006 8;43AM (GMT-06:00) <br />