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2o�ooso4� <br />(b) Sale Withoat Credit Approval. Lender shall, if pernutted by applicable law (including Section 341(d) <br />of the Garn-St. Germaian Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior <br />approval of the Secretary, require immediate payment in full of all surns secured by this Security Instrunnent <br />if: <br />(i) All or part of the Property, or a ben�ficial interest in a trust owning all or part af 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 grantee as his ar her principal residenc�, or the <br />purchas�r or grantee does so occupy the Property but his or her credit has nat been approved in <br />accordance with the requirements of the Secretary. <br />(c) No Waiver. If circwnstances occur that would pernut Lender to require imrnediate payment in full, but <br />Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. <br />(d) Regulations of �I[JD Secretary. In many circumstances regulations issued by the Secretary will limit <br />Lender's rights, in the case of payrnent defaults, to require immediate payment in full and foreclose if nat <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. Borrawer agrces that if this Security Instrunn.ent and the Note are not determined <br />ta be eligible for insurance wnder the National Housing Act within 6U days fram the date hereof, I,ender <br />may, at its option, require innme�iate payment in full of all sums secure� by this Security Instrume;nt. A <br />written statement of any authorized agent of the Secretary dated subsequent to b0 days frorn the date hereof, <br />declining ta insure this Security Instnunent and the Note, shall be deemed conclusive proof of such <br />ineligibility, Notwithstanding the foregoing, this option may not be exercise.d by Lender when the <br />unavailability af insurance is solely due to Lender's failure to rernit a mortgage insurance prernium to the <br />Secretary. <br />10. Reinstatement. Borrower has a right to be reinstated if Lender has require� immeciiate payrnent in full <br />because of Bonower'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 Instrurnent, Borrower shall tender in a <br />lurnp sum all amounts required to bring Borrower's account current including, ta the extent they are obligations of <br />Banawer under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expez�.ses <br />properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Se�urity Ir�strument and <br />the obligations that it secures shall rernain in effect as if I.ender had not required immediate payment in full. <br />However, Lender is not required ta permit reinstatement if: (i) Lender has accepted reinstatement after the <br />comrnencement of foreclosure proceedings within two years innnne�iately preceding the commencennent of a current <br />foreclosure proceeding, (ii) reinstateament will preclude foreclosure on different grounds in the future, or (iii) <br />reinstatement will adversely affect the priority of the lien created by this Se�urity Instrurnent. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or <br />modification of arnortization of the swms secured by this Security Instrumenc granted by Lender to any successor in <br />interest of Borrower shall not operate tv release the liability of the original Borrawer or Borrower's successor in <br />interest. I.ender shall not be required to commence proceedings against any successor in interest or refuse to extexa�d <br />time for paynnent or otherwise rnodify amortization of the sums secured by this Security Instrument by reasan of any <br />demand made by the original Borrower or Borrower's successars in interest. Any forbearance by I.�nder in exercising <br />any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />�2. Successors and Assigns Baund; Joint and Several Liability; Co-Signers. The covenants and agreements <br />of this Security Instrument shall bind and bene�it the successors and assigns of Lender and Boz�rower, aubject to the <br />provisions of paragraph 9(b). Borrower's covenants and agreernents shall be joint and several. Any Borrower who <br />co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to <br />mortgage, grant and convey that Borrower's interest in the Pmperry under the terms of this Securiry Instrurnent; (b) <br />is not personaJ.ly obligated to pay the sums secured by this Security Instrurnent; and (c) agrees that Lender and any <br />other Borrower may agree to extend, modify, farbeaz or make any accommodations with regard to the terms of this <br />5ecurit Instrument or the Note without that Borrower's consent. <br />FHA Deed of Trust-NE 4/86 <br />VMP � VMP4RINE) (08�91 <br />Wolters Kluwer Financial Services Page 5 of 9 <br />�y i � � � i <br />v..� 5 { � � ��. - � i . . <br />