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<br />200900330 <br /> <br />shall also be in default if Borrower, during the loan application process, gave materially false or inaccurateinformation <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, representationoconcerning Borrower's occupancy of the Property <br />as a principalresidence. If this Security Instrumentis 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 />6. Condemnation. The proceeds of any award or claim for damages, direct or consequential,in connection with <br />any condemnationor 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 indebtednessthat remains unpaid under the <br />Note and this Security Instrument.Lendershall apply such proeeedsto the reduction of the indebtednessunder the Note <br />and this Security Instrument,first to any delinquent amounts applied in the order provided in paragraph3, and then to <br />prepaymentof principa1.Any application of the proceeds to the principal shall not extend or postponethe due dateof the <br />monthly payments, which are referredto in paragraph2, or change the amount of such payments. Any excess proceeds <br />over an amountrequiredto pay all outstandingindebtednessunderthe Note and this Security Instrumentshall 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 />governmentalor munici pal charges, fines and impositions that are not included in paragraph2. 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 paymentsrequiredby paragraph2, or fails to perform any other <br />covenants and agreementscontained 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 Lendermay do and pay whatever is necessary to protectthe 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 paragraphshall become an additional debt of Borrower and be <br />secured by this Security Instrument.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 Instrumentunless Borrower: (a) <br />agrees in writing to the payment of the obligation secured by thc lien in a manner acceptable to Lender; (b) contests in <br />good faith the lien by, or defends against enforcementof the lien in, legal proceedings which in the Lender's opinion <br />operate to prevent the enforcement of the lien; or (c) securesfrom the holder of the lien an agreementsatisfactory to <br />Lendersubordinatingthe lien to this Security Instrument.If Lenderdeterminesthat any part of the Propertyis 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. Lendermay coIled fees and charges authorizedby 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 permittedby applicable law (including Section 341( d) of <br />the Garn-St. GermainDepository InstitutionsAct 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 /> <br />.-4N(NE) (0407) <br />@ <br /> <br />InltiaIS:~ <br /> <br />Page 4 of B <br />