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201000594 <br />9. Grounds for Acceleradan 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, fnr a period of thirty days, to perform any other obligations contained <br />in this Security Instrument. <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) <br />of the Garn-St. Germain Depositary Institutions Act of 1982, 12 U:S.C. 1701]-3(d)) and with the prior <br />approval of the Secretary, require immediate payment iul full of all sums secured by this Security Instrument <br />iF: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold <br />or otherwise transferred (other than by devise or descent), and <br />(ii) The Property is not occupied by the purchaser or grautee as his or her principal residence, or the <br />purchaser ar 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 not require such payments, Lender does not waive its rights with respect to subsequent events. <br />(d) Regulat~ians of HiJD Secretary. Tn 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 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 iu 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 from the date hereof, <br />declining to insure this Security Instrument and the Nnte, shall be deemed conclusive proof of such <br />ineligibility. Notwithstanding the f~~regoing, this option may 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 />10. Reinstatemlent. Borrower has a right to be reinstated if Lender 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. To reinstate the Security Instrument, Borrower shall tender in a <br />lump sum all amounts requiured to bring Borrower's account current including, tv the extent they are obligations of <br />Borrower under this Security Iustzulrlent, foreclosure costs and reasonable and customary attorneys' fees and expenses <br />properly associated with the foreclosure proceeding- Upon reinstatement by Borrower, this Security Instrument and <br />the obligations that it secures 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 commencement of a current <br />foreclosure proceeding, (ii) reinstatement will preclude foreclosure an different grounds in the future, or (iii) <br />reinstatement will adversely affect the priority of the lien created by this Security Instrument. <br />11. Borrower Not Released; forbearance By Lender Not a Waiver. Extension of the time of payment pr <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 ar Borrower's successor in <br />interest. Lender shall not be required to commence proceedings against any successor in interest yr 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 Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising <br />any right or remedy shall not be a waiver of or preclude the exercise of any right ar remedy. <br />321-2734948-703 <br />~i -aN(Nq (oao~) <br />P+Oe 5 of 8 <br />M14204$ <br />In(tials; <br />WWW.1)OC5D11tECT.COM Ol/22/ZO10 12:06 PM NEW LOAN <br />