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20100838� <br />(i) All or part of the Property, or a beneficial interest in a trust owning all or pazt of the Property, is sold <br />or otherwise transferred (ather than by devise or descent), and <br />(ii) The Pcoperty is not occupied by the purchaser or grantee as his or her principal residence, or the <br />purchaser or grantee does so occupy the Property but his or her credit has not becn approved in <br />aceordance with the requirernents of the Secretary. <br />(c) No Waiver. If circiunstances occur that would permit Lender to requira immediate payment in full, but <br />Lender does not require such payments, Lender does not waive its rights with, respect tn subsequent events. <br />(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit <br />Lender's rights, in the case of pa}nneni 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 InsCrument and the Note are not determined <br />to be eligible for insurance under the National Housing Act withzn 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 Seczetary dated subsequent to 60 days from the date hereof, <br />declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such <br />ineligibility. Notwithstanding the fore�;oing, this option may not be exercised by Lender when the <br />unavailability of insurance is solely due to Lender' s failure to retnit a mortgage insurance premium to the <br />Secretary, <br />10. Reinstatement. Sorrower has a rzght to be reinstated if Lender has required irnmediate payxnent 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, Barrower shall tender in a <br />lump sum all amounts required to bring Borrower's account current including, to the extent th�y are obligations of <br />Borrower under this Security Instrument, 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 />Hawever, Lender is not required to permit reinstaternent if: (i) Lender has accepted reinstatement after the <br />comnr►encement of foreclosure pmceedings within two years immediately preceding the commencement of a curcent <br />foreclosure proceedin�, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) <br />reinstatement will adversely affect the priority of the lien created by this Securiry Instrument. <br />11. Sorrower Not Released; Forbearance Sy Lender Not a Waiver. Extension of the time of payznent or <br />modification of amortization of the sums secured by this Security Insm�ment 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 successor in <br />interest. Lender shall not be required Yo commeace proceedings againsi any successor in interesi or refuse to extend <br />time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br />deznand made by the original Borrower or $orrower'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 or remedy. <br />]2. Successors and Assigns Sound; Joint and Several Liability; Co-Signers. The covenants and agreements <br />of this Securiry 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 agreeznents shall be joint and several. Any Borrower who <br />co-signs this Security Instrumant but does not execute the Note: (a) is co-signing this Security Instrument only ta <br />mortgage, grant and convey that Barrower's interest in the Property under the terms of th,is Security lnstrurnent; (h) <br />is nat pers�nally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any <br />other Bor►'ower may agree Yo extend, modify, forbear or make any accommodations wiCh regard to the terms of this <br />Security Instrument or the Note without that Borrower's consent. <br />1351014892 <br />�nicis�s: <br />�-4N�NE) (OaO�) Page 5 of B <br />� <br />