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200905152
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Last modified
6/26/2009 2:20:51 PM
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6/26/2009 2:20:51 PM
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DEEDS
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200905152
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20090515.2 <br />(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is said <br />ar otherwise transferred (other than by devise or descent), and <br />(ii) The Property is not occupied by the purchaser or :grantee as his ar her principal residence, or the <br />purchaser. or grantee. does so occupy the Property but his or her credit, has not been approved in <br />accordance with the requirements of the Secretary. <br />(c) No Waiver. If circumstances occur That Would permit Lender to require immediate payment in full, but <br />Lender does oat rcquit'e such payments, Lender does 'not waive its rights with respect to subsequent events. <br />(d) Regulations of` HUD Secretary. In many ctrcurnstances 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 Instrument does not authorize acceleration or foreclosure if not permitted by regulations <br />of the Secretary. <br />(e) Mortgage. Not Insured, Borrower agrees that if this Security Instrument and the Note are not determined <br />to be eligible .for insurance .under the National Housing Act within 60 days from the date hereof, lender <br />may, at its' option, require immediate payment in full of all sums secured by this Security Instrument. A <br />Written statement of any authorized agent of the Secretary; dated subsequent to 60 days frprti the date hereof, <br />declining to insure this Security .Instrument and Che Note, shall be .deemed conclusive proof of such <br />ineligibility.. Notwithstanding `the foregoing, this option rriay not be exercised by Lender when the <br />unavailability. of insurance is solely due to Lender's failure, to remit. a mortgage insurance premium to the <br />Secretary. <br />lq, Reinstatement. Borrower has a right to be reinstaied if .bender has required immediate payment.. in full <br />because of Borrower's failure to pay an amount due under the Note. or this Security Instrument: This right applies <br />even after foreclosure proceedings are instituted. Tq reinstate the Security Instrument, Harrower shall tender in a <br />lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of <br />Borrower under this Security lnstntment, foreclosure costs and reasonable and customary attorneys' fees and expenses <br />properly associated with the foreclosure proceeding. Upon reinstatement by Harrower, this Security Instrument and <br />the obligations thaC it secures shall remain in effect as if Lender had oat 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 Che commencement of a current <br />foreclosure proceeding, (ii) reinstatement will preclude Yoreclosure on different grounds in the' future, ar (iii) <br />reinstatement Will adversely affect the priority of the lien created by this Security Instrument. <br />11. Barrownr Not Released; Forbearance By Lender Not a Waiver, Extension at' the time of payment or <br />modification of amortization of the sums secured by this Security Instrument granted by lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successortn <br />interest. Lender. shall not be required to commence proceedings against any successor in interest or refuse to extend <br />time far payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br />demand made by the original Borrower ar Borrower's successors in interest. Any forbearance by Lender in exercising <br />any right ar remedy shall not be a waiver of nr preclude the exercise of any right ar remedy. <br />12. Suec~sors and Assigns Bound; Joint and SeveraN 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 who <br />co-signs this Security Instrument. but does not execute the Ngte: (a) is co-signing this Security Instrument only to <br />mortgage,' grant and convey that 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 (i;) agrees that Lender and any <br />other Borrower may agree to extend, modify, ,forbear ar make any accomtnpdations with regard to the terms of this <br />Security Instrument or the Note, without that Borrower's consent. <br />O12 295426 <br />-4RlNt<1laaorl.a~ Pi~g4 5 Of 8 ~°~~ <br />
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