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200705062 <br />shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information <br />or statements to Lender (or failed to provide Lender with any material information) in connection with the loan <br />evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property <br />as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the <br />lease. if Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees <br />to the merger in writing. <br />(. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby <br />assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the <br />Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note <br />and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to <br />prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the <br />monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds <br />over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to <br />the entity legally entitled thereto. <br />7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all <br />governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these <br />obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's <br />interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these <br />payments. <br />If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly <br />affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or <br />regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights <br />in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. <br />Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be <br />secured by this Security hnstrument, These amounts shall bear interest from the date of disbursement, at the Note rate, <br />and at the option of Lender, shall be immediately due and payable. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in <br />good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion <br />operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to <br />Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to <br />a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. <br />Borrower shall satisfy the lien or take 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 may, except as limited by regulations issued by the Secretary, in the case of payment <br />defaults, require immediate payment in full of all sums secured by this Security Instrument if: <br />(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument <br />prior to or on the due date of the next monthly payment, or <br />(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in <br />this Security Instrument. <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of <br />the Garn -St. Germain Depository Institutions Act of 1982, 12 U.S. C.1701j -3(d)) and with the prior approval of <br />the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: <br />Initials: <br />- 4N(NE) (0407) Page 4of8 <br />m <br />