Laserfiche WebLink
<br />200708986 <br /> <br />8. Fees. Lender may collect fees and charges authorized by the Secretary for the Home Equity Conversion <br />Mortgage Insurance Program. <br />9. Grounds for Acceleration of Debt. <br />(a) Due and Payable. Lender may require immediate payment in full of all sums secured by this Security <br />Instrument if: <br />(i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; or <br />(ii) All of a Borrower's title in the Property (or his or her beneficial intcrest in a trust owning all or part of <br />the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee <br />simple or retains a leasehold under a lease for not less than 99 years which is renewable ora lease having a <br />remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower <br />or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property); or <br />(iii) The Property ceases to be the principal residence of a Borrower for reasons other than death and the <br />Property is not the principal residence of at least one other Borrower; or <br />(iv) For a period of longer than twelve (12) consecutive months, a Borrower fails to occupy the Property <br />because of physical or mental illness and the Property is not the principal residence of at least one othcr <br />Borrower; or <br />(v) An obligation of the Borrower under this Security Instrument is not performed. <br />(b) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in Paragraph <br />9(a)(ii)-(v) occur. <br />(c) Notice to Borrower. Lender shall notify Borrower whenever the loan becomes due and payable under <br />Paragraph 9 (a)(ii)-(v). Lender shall not have the right to commence foreclosure until Borrower has had <br />thirty (30) days after noticc to cithcr; <br />(i) Correct the matter which resulted in the Security Instrument coming due and payable; or <br />(ii) Pay the balance in full; or <br />(iii) Sell the Property for the lesser of the balance or 95% of the appraiscd value and apply the net <br />proceeds of the sale toward the balance; or <br />(iv) Provide the Lender with a deed in lieu offoreclosure. <br />(d) Trusts. Conveyance of Borrower's interest in the Property to a trust which mects the requirements of <br />the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a <br />conveyance for purposes of this Paragraph 9. A trust shall not be considered an occupant or be considered as <br />having a principal residence for purposes of this Paragraph 9. <br />10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by <br />this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be <br />permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. <br />11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full. <br />This right applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument, <br />Borrower shall correct the condition which resulted in the requirement for immediate payment in full. Foreclosure <br />costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure <br />proceeding shall be added to the principal balance. Upon rcinstatcment by Borrower, this Security Instrument and <br />the obligations that it securcs shall remain in effect as if Lender had not required immediate payment in full. <br />However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the <br />commencement of foreclosure proceedings within two years immediately preceding the commenccment of a <br />current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or <br />(iii) reinstatement will adversely affect the priority of the Security Instrument. <br /> <br />14XA: 06/07 <br /> <br />Page 4 <br />