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<br />200810165 <br /> <br />(i) All or part of the Property. or a beneficial interest in a trust owning all or pari of the Property, is Sold <br />or otherwise transferred (other thaIl by devise or descent), and <br />(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the <br />purchal)er or grantee does so occ1.lpy the Pfoperty but his or her credit has not been approved in <br />accordance with the requirements of the Secretary. <br />(c) No Waiver. If circuri1stances occur that would permit Lender to require immediate payment in full, but <br />Lender does not require such payments, Lender does ijot waive its rights with respect to subsequent events. <br />(d) Regulatiol1!i of ffiJ)) Secretary,.. In many circumstances regulations issued by the Secretary will limit <br />Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not <br />paid. This Security Instrumentdoes not authorize acceleration Qr foreclosure if riot peunitted by regulations <br />of the Secretary; . .. . . <br />(e) M()rtgage Not Insured; Borro\\ier agrees thalif tbisSecurity Instrument and the Note are.nOf determined <br />to be eligible fot insurance under the Natioilal Housing.. Act within 60 days ftom the d~teherl<Of,.. Lender <br />may, at. its option, require immediate paYll1em in . fun of all sumss~cured bY1hiS Security JnstrumeIlt,A <br />written statement of any authorized agent Of the Secretary dated subsequent to 60 days from the date hereof, <br />declining to insure this Security Instrument and the Note, Shall be deemed conclusive proof of such <br />ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the <br />unavailability ofinsmanceissolely due toLender'sfaihire toiemit a mortgage insuram;.e premiumtotbe <br />Secretary. <br />10. Reinstatement. Borrower ha<l a right to be reinStated if Lender has required imme<iiatepayment in full <br />because of Borrower's failure to pay an amtlUntdue under the Note or this Securlty)nstrument. This right applies <br />even after foreclosure proceedings are instituted. To reinstate the. Security Instrument, Borrower shall telider in . a <br />lump sum all amounts required to bring BOrfower'saccount current including, to the extent they are obligations of <br />Borrower under tbis Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses <br />Properly associated with the foreclosure proceeding. Upon reinstiltemel1t by BorroWer, this Security Instrument and <br />the. obligations . ~hat .. it secures shall remain. in effect as if Lender had. not required immediate payment in fulI. <br />lIowever, Lender is not required to permit reinstatement if: (i) Lender has accepted. reinstatemlmt after the <br />commencement of foreclosureproceectings within tWO yeats immediately preceding the commencement of a current <br />fotecIosureproceeding, (ii) reinstatemel1t wiU preclUde foreclosure on different grounds in the I'umre, or (iii) <br />reinstatement will adversely affect the priority of the lien created by this security Instrument. <br />11. Borrower Not Released; J.<'orbearance By Lender Nota Waiver. Extension of the time of payment or <br />modification of amortization of the .sums secuied by this Security Instrurnent granted by Lender to any successor in <br />interest of Borrower shallllot operate to .release the liability of the original Borrower or Borrower's successor in <br />interest, Lender shaII not be required to cOminence proceedings against any successor ill interest or refuse to extend <br />time for payment or otherwise modify amortization of the sums secured by this SeCUrity Instrument by reason of any <br />demand made by the original BOffoweror Borrower's successors in interest. Ariy forbearance by Lender in eXercising <br />any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements <br />of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the <br />provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower wbo <br />co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument onlyl:O <br />mortgage, grant and convey tbat Borrower's 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 <br />other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tennsof this <br />Security Instrumem or the Note without that Borrower's consent. <br /> <br />e-4RINEII0407).Ol <br />(!D <br /> <br />P.g. r, of a <br /> <br />0120288104 <br />IOilIOls::J21- <br />