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20090G4G1 from the date hereof, bender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 DAYS from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive propf of such ineligibility. Notwithstanding the foregoing, this option may rat be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit ~a mortgage insurance premium to the Secretary. 1Q. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note ar this Security Instrument. This right applies even after foreclosure proc~lings are instituted. To reinstate the Security Instrument, Borrower shall tender iui a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Harrower under this Security Tnstxuxnent, foreclosure casts and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Harrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is rat required to permit reinstatement if: (t) Lender has accepted reinstatement after the commencerent of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii} reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 1.1. Borrower Not Released; Forbearance I?y Lender Nat a 'Waiver. Extension. of the tinge of payment ar modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall rat operate to release the liability of the original Harrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demigod made by the original Harrower ax Borrower's successors iu interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; point and Several Liability; Ca-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Hoxrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's. interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree tv extend, modify, forbear ox make any accommodations with regard to the terms of this Security ltastruzrient ar the Nate without that i3arrawer's consent. 1.3. Notices. Any notice.to Borrower provided far in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address I.endex designates by notice to Harrower. Any notice provided for in this Security Instil~ixxent shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14, Governing Law; Sevexability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that guy provision or clause of this Security instrument ar the Note conflicts with applicable law, such conflict shall rat affect other provisions of this Security Instrument ar the Note which can be given effect without the conflicting provision. Ta this end the provisions of this Security Instilitnent and the Note are declared to be severable- 15. Borrower's Copy. Boxxowex~shall be given one conformed copy of the Note and of this Security Instrument. ].6. Hazardous Substances. Borrower shall not cause ox permit the presence, use, disposal, storage, ox release of any Hazardous Substances on or in the Property. Borrower shall rat da, nor allow anyone else to da, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall rat apply to the presence, use, or storage an the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and tp maintenance of the Property. Borrower snail promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. if Harrower learns, ox is notified by any governmental or regulatory authority, that any removal or ether remediatian of any Hazardous Substances affecting the Property is necessary, Harrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic ax hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable ar toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos ar formaldehyde, and radioactive materials. As used in this paragraph l6, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protectipn. NUN•UNIFORM C©VENAN7'S. Borrower and Lender further covenant and agree as follows: 17. Assigxunent of Rents. Borrower uncanditiorially assigns and transfers to Lender all the rents and revenues of the Property. Harrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prier to Lender's notice to Harrower of Borrower's breach of any covenant or agreement in the Security Instrument, Harrower shall collect and pHA Nt:t3tiASKA t)t»EO OF TRUST - MERS NEOOTZ.FHA 71 /p 1 /OS Page A of 7 DpCM&gIC ~ 800~s49-73s2 www. docmagic. cvm ~ T .~ ~~ r~a.lha.aml