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2osoos74o <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) <br />of the Gam-St. Germain Depository Institutions Act of 1982, l2 U.S.C. 1701j-3(d)) and with the prior <br />approval of the Secretary, require immediate payment in full of all sums secured by tkiis Security Instrument <br />if: <br />(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 ar grantee as his or her principal residence, or the <br />purchaser or grantee does so occupy the Froperty 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 />L,ender does not require such payments, Lender does not waive its rights with respect to subsequent events. <br />(d) Regulations of HLJD Secretary. In 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 Inscrument does not authorize acceleration or foreclosure if not permitted by regulations <br />of the Secretary. <br />(e) Mortgage Not Insnred. Borrower agrees that if this Security Instruament and the Note aze not determined <br />to b� eligible far insurance under the National Housing Act within 60 days from the date hereof, T.ender <br />may, at its option, require imrnediate payment in 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 Instrwnent aud the Note, shall be deerned conclusive proof of such <br />ineligibility. Notwithstaz�ding the foregoing, this option may nat be exercised by I.ender 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. Reinstatement. 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 />luanp sum all amounts required to bring Borrower's account current including, to the extent they are obligations of <br />Borrower under this Security Instrument, fareclasure costs and reasonable and customary attorneys' fees and expenses <br />properly associated with the foreclosure proceeding. Upon reinstatement by Barrower, this Security Instrument and <br />the obligations that it secures shall remain in effect as if Lender had nat required imrnediate payment in full. <br />Hawever, Lender is not required to permit reinstatement if: (i) I.,ender has accepted reinstatement after the <br />commencement of foreclosure proceedings within two years immediately preceding the conunencement of a current <br />foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) <br />reinstatement will adversely affect the priority af the lien created by this Security Instrument. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or <br />modification af amartization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interesc of Borrawer shall not aperate to release the liability of the original Bonawer or Borrower's successor in <br />interest. Lender sha11 not be required to commence proceedings against any successor in interest or refuse to extend <br />time for payment or otherwise modify amortization of the sunas 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 or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements <br />of this Security Tnstrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the <br />provisions of paragraph 9(b). Borrower's coven.ants and agreements shall be joint and several. Any Borrower who <br />co-signs this Security Instrument but does not execute the Nate: (a) is co-signing this Security Instrument only to <br />mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) <br />is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that J.,ender and any <br />other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this <br />Securit Instrument or the Note without that Borrower's consent. <br />FHA Deed of Trusi-NE � • 4/86 <br />VMP � VMP4RINE) (0809) <br />Wolter9 Kluwer Flnancial Servlcas t, �'� � � Page 6 of 8 <br />�VJ� <br />+ t 9� � i a�� * �+' y <br />{ <br />