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2oioos5�9 <br />Borrawcr xhall coraply ��7th the provi�ions of th� lease. If Borrow�er acquire� fce title ta the Property, the <br />leasehold and fec title shall not be m�rged unless Lendtr agrees to the merger in wriling. <br />4. Condem�i:itio��. Tlie proceeds of any awazd or claim far damages, direct or consequential, in <br />connection �vith any condenmation pr ocher taking of any part of the Aroperty, or for conveyance in place of <br />condemnation. are hereby assigned and shall be paid to Lender to the extent of the full amount of the <br />indebtedness that remains unpaid under tbe Note and ttus Security Instrument. Lender shali apply such <br />proceeds to tlie reduction vF tl�e indzb►edness under the Note and this Security ]nstrumen�, first to any <br />delinquent amounts applied in the order provided in Paragraph 3. and then to prepayment of principal. Any <br />application of the proceeds to�the principal shall not extend or postpone the due date of the n�onthly <br />payments, which are referrcd tp in Paragraph 2, or chan�e tlae amount of sucl� payments. Any excess <br />praceeds over an amnunt required to pay all outstanding mdehtedness under the Note and this Security <br />[nstrument shall he paid to the e�itity legally entitled thereto. <br />7. Chstrgcs ta l3orrawer aad Protection of Lender's Rights in the Property. [3arrower shall pay <br />all �ovcrnmenial or municipal charges. fines and impositions tl�at are not included in Paragraph ?. Borrower <br />sliall pay these obligations on time directly to thc entity which is owed thc p�►y�nent. IC tailure to pay would <br />adversely aftect Lender's interest in the Property, upon Lender's request Borrower tihall promptly furnish to <br />Lender reccipts cvidcncing these payments. <br />If I3orrower f.•iils to mAke these puymen�s or the payments requircd by Paragrapls 2, or fails to <br />perform any other covenants and agrecments contained in this 5ecurity Instrument, or there is a legal <br />proceeding that may signifiCantly affect Lender's rights in the Property (such as a procceding in hankruptcy. <br />fpr condcmnAtion ar to enforce laws or regulatioas), then Lender may do and pay whatever is necessary to <br />�rotect the value af tlie Property aad Lender's rights in the Properry, including payment of taxes. haxard <br />msurance and other itemti mentioned in PAragraph 2. <br />Any an�aunts disbursed by Lender under this Paragraph shall become an additional debt of <br />Borrpwer and be secured hy this Securicy lnstrument. These amounts shall bear interest from the date of <br />disbursement at the Note rate, and at the option of Lender, shall be immediately due and puyable. <br />Borrower shall pramptly discharge any lien which has pcioriry o��er tl�is Security Instrument unless <br />Borrower: (a) agrees in writin� to the payment of the obligatiun secured by the lien in a manner acceptable to <br />Lender; (b) con�cscs in good fauh thc lien by. or defends against enforcernent of thc lien in, legal prcxeedings <br />which in the Lender's opinion operate to prevent the enfcucement of che lien; or (c) secures �rom the holder of <br />the lien an agreement satisfactory to Lender subordinatang the lien to this Security lns�rumen[. If I.ender <br />determines that any pun of thc Properry is subject to a lien which niay attain priarity over d�is Security <br />Instrumcnt, Lender may give Borro�ver a uotice identifying the lien. Borrower shall satiGfy the lien or take <br />one or more af the accions sct forth abovc wi�hin 10 days of tlie giving of noticr. <br />S. Fees. Lender may collect fees and charges authorized by the Secretary. <br />9, Grounds fur �lcrcleratinn af Debt. <br />(a) Default. Lender may, except as limited by regulations issued by tl�e Sccretary in the case of payment <br />defaults. require immediate �ayment in full of all sums secured by this Security Instrument if <br />(i) �orro���er defaults by failing cn pay in full any monthly pay►ncnt required by this Security Instrument prior <br />to or on the due date of'the next mond�ly paymcnt, or <br />(ii) Bnrrower defaults Uy failing, for a periocl o£thirtydays, to perform any olher obligations cnntained in this <br />Security Instrument. <br />(b) 5nlc «'itl�out Credit Approvul. Lender shall, ifpermitted by applicablc law (including section 3A1(d) <br />of the Garn-St Germz�in Depatiitvry Cnstitutinns Act of 1982, l� U.S.C. 1701 j-3(d)) and with the prior <br />approvAl of the Secretnry, require immediata paya�ent in full of all the sums secured by thic Sccurity <br />Instrument if: <br />(i) All or part of the 1'roperty, or a beneficial interest in a trust awning All or part of the Properry, is sold or <br />otherwisc transFerred (otl�er tl�an by dcvis� or descent). and <br />(ii) 7'he Propeny is not occupied by the purchaser or graatee as his or her principal residence, or the <br />purchaser or grantee does so occupy the Properry. but his or her credit has not been apprnved in accordnnce <br />with the requiremcnts of thc Secretary. <br />(e) No Waivrr. If circumstauces occur tbat 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 subsequenl events. <br />(d) Regulatfuus af 1ILJb Secretary, ln many circumstances regulations issued by the 5ecretary will limic <br />Lender's rights, in the case of payment default�. ta require immediate paymcnt in full and foreclose if not <br />paid. This Security Instrument does not authorizE acceleratinn or foreclosure if not permitted by regulations <br />of the Secretary_ <br />(e) �lortgage 1ot lusurcd. Sorrower agrees that if this Security Instrument and the Note are not deterniined <br />to be eligible far insurance under the National Housing Act �vithin 60 Uays &oni tha datc hcrcof, Lender <br />may, at its option require imn�ediate payment in full of all sums secured by this Securiry Instrument. A <br />written statcment of any authorixcd agent af thc Sccrctary daced subsequent to �� ���>'s from the date <br />hereof. declining to insure ihis Security Instrument and the Note. shall be deemed conclusive proof of such <br />ineGgibility. Notwithstanding the faregoing, this oprion may not be exercised by I.ender when the <br />unavailabiliry o£ insurancc is solely due to Lender's failure to temit a mortgage insurance premium to the <br />5ecretary. <br />10. Reinstate�uent. Borrower uas a rigt�t tobe reinstated if Lender has required immcdiAte payment <br />in full because af Barrower's t'�ilure to pay an amount due under the Note or this Security Instrument. This <br />right applies even atter foreclosure proceedings are instituted. To rcinstate dte Security ln�trument. Borrower <br />sltall tender ici A lu�up sum all amounts requtred to bring Borrower's accaunt current including, to the extent <br />tl�ry are obligatians of Borrower undcr this Security Instrument, foreclosurc cosls u��d reasonable and <br />customnry attorne�s fees and expenses properly associatcd �vith the fareclosure proceeding. Upon <br />reinstatement by Barrower, this Security Instrument and the obligations that it secures shall remain in et2'ect <br />as if Lender had nat required immediate payment in full. How�ver, Lender is not requir�d to permit <br />reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedmgs <br />within two years immediacely preceding the commencement of u current foreclosure proceeding, (ii) <br />reins�atement will preclude foreclosure on different grounds in the future. or (iii) reinstatement will adversely <br />affect the priority of the lien created by this Security Inscrumeni. <br />11. 13orrv��•cr I�ot Released; Forbearance By Lender Not a�Yaiver. Extension of the time af <br />payment or modification of amortization of t�e sums secured by this Securiry Instrument granted by Leader <br />to any successar in interest of 13orrower shall not qperate to releasc thc liability oF the origlnal Borrowcr or <br />�orrowcr's auccessor in interest. Lender shall not be required tp commcnce proccedings against any <br />successor in interest or reCusa to extend time for payment or otherwise modify amortizatinn of the sums <br />secured by this Securiry Instrument by reason nf any demand made by the ariginal E�orrower or �orrvwer's <br />16256.CV (11 07) y�ppb9� Page 3 oF5 Ff1A Ncbrrslw Oced ofTmst AtC•.RS <br />GOT�(OOi21Sbb) <br />