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<br />200705777 <br /> <br />(i) Allor part of the Property, or a beneficial interest in a trust owning all or part of the Property. i:;; sold <br />or otherwise transferred (other than by devise or descent). and <br />(ij) The Property is not occupied by the purchaser or grantee as his or her princJpal ICesidence, or the <br />purchaser or grantee does :;;0 o(;Cupy the Property but h1s Or her credit bas not been approved in <br />accordance with the requirements of the Secretary. <br />(0) No Waiver. If" circumstances occur tbat would permit Londer to requir-e immediate payment in full, but <br />Lender does not require such payments. Lender does not waive its lights with respect to SUbsequent events. <br />(d) Regulationll of HOD Socrctllry. In many ctrcwnstances regulations issued by the SecretaI)' will l1mit <br />Lender's right:;;, in the case of payment defaults, to require immediate payment in full and foreclose if not <br />paid. This Security Instrument does not authorize accele...alion 0... foreclosure if not permitted by regulations <br />of the Secretary. <br />(e) Mortgage Not In8Ured. Borrower agrees that if this Security Instmment and the Note are not detenntned <br />to be eligible for insurance under the National Housing Act within 60 days from the date hereof. Lender <br />may, at its optlon. require inunediate payment in full of all sums secured by this SeCurity mstJ"lW)ent. A <br />written statement of 8JlY authorized agent of the Secretary dated sublilequent to 60 days from the date hereof, <br />declining to insure this Security Instrument and the Note, shall be deBmed conclusive proof of such <br />tnel1gtblltry. Notwitbstandtng the foregoing, tb1s option may not be exercised by Lende... when tbe <br />unavailability of Insurance is solely due to Lender's failure to remit a mortgage insurance premium to the <br />Secretary. <br />10. ReinBtatcm....t. Borrower has a right to be reinstated 1f Lender has required immediate payment In full <br />because OT Borrower's failure to pay an amOunt due undor the Note or this Secur1ty Instrument. This right applies <br />e-ven after foreclosure proceeding:s are :Instituted. To re1n.state the Security Instrument, Borrower shall tender in a <br />lutUp sum all amounts required to bring Borrower's account current includlIlg, to the extent they are obligations of <br />Borrower under this Security Instnnnent. foreclosul.e costs and reasonable and customary attorneys' rees and expenses <br />properly aSSOciated with the foreclosure proceeding. Upon reinstatement by Borrowe.... thi:;; Security Instl'1llllent and <br />the obligations that it secures shall relll8in in effect as if Lender had not ICequired immediate payment in full. <br />However. Lender is not ...equired to pennit reinstatement If: (0 Lender hall accepted rejnstatement after the <br />commencement of foreclosure proceedings within two years ilnmediately preceding the commenCeJllent of a cu...rent <br />foreclosure proceeding, (it) reinstatement will p...eclude foreclosure on different grounds in the future. or (iil) <br />re1nstatement will Ildve...:sely affect the prio.-ity of the lien c...eated by thi:s Securlty Instrument. <br />11. Borrower Not ReI_sed; Forbearance By Lender Not II Waiver. extension of the time of payment or <br />modification of amorttzation of the sum:s secured by this Security Instrument granted by Lender to any successor Iu <br />intetest of Borrower shall not operate to release the liability of the original Bor.-ower or Borrower's Successo... in <br />interest. Lender shall not be "'"quir-ed to commence proceedings against any succellsor in intere:st 0... refuse to extend <br />time for payment 0... otherwise modifY amortization of the sums secured by tlUs Security Instrument by reason of any <br />demand made by the original Souower or Borrower's SUCCeSsors in interest. Any forbearance by Lendl!-l' In exercising <br />any right Or reUl.edy shall not be a waiver of or preclude the exerci:se of any right Or ...emedy. <br />12. SUCCeB9OJ'1!I and Assigns Bound: Joint end Several Liability; Co-Signen. The covenants and agreements <br />of this Security Inst:nuDent shall bind and benefit the successors and assigns of Lender and BOI'TOW~r, subject to the <br />provJ:slons of parag...aph 9(b). Borrower',. covenants and agreements :;;hllll be Joint and several. Any Borrower who <br />co-signs this Security Instrument but doe:s not execute the Note; (8) is co-slgnlllg this Security Instrument only to <br />mortgage. grant and convey that Borrower'" interest tn the Property under the term:s of this Security Instrument: (b) <br />is not personally obligated to pay the sums secll.red by this Security Instrument; and (c) agrees that Lender and any <br />other Borrower may agree to extend. modtiy. forbear Or make any aCCOIDlllodations with regard to the terms of this <br />Secwity In:strument or the Note without that Borrower's consent. <br /> <br />~ <br /> <br />V--4 N(NE) (0401)_01 <br /> <br />Pagc 5 Qf 0; <br /> <br />InllI....~ <br />