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RE-RECaRD~D 2010048'73 201000594 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as lll:uited by regulations, i;SU~I L1±:tlae.t~y~~t-the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Harrower defaults by failing, fnc a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Witbout Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garr-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701]-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, nr a beneficial interest in a wst owning all or part of the Property, is !u-ld or otherwise transferred (other than by devise pr descent) , and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser ar grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) Na Waiver. If dreumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HiID Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Horrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Hauling Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in frill 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 conchtsive proof of such ineligibility. Notwithstanding the f~scegaing, this opdon may nut bs exercised b;;- Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. 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 or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current induding, to the extent they are obligations of Horrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it sectues shall remain in effect as if bender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (x) Lender has accepted reinstatement after the commencement 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. 11. Harrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's slrccessar in interest. Lender shall not be required to commence proceedings against any successor in interest or reface to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Hozxower or Borrower's successors in 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. 321--2734948--7D3 M742048 -~4N(NE) (e4e7) Page 5 of 8 Initials: WwW.DpCSD1RECT.COM 01/22/2010 12:06 PM NEW LOAN