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201101523 <br />(i) All or part ot' 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 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 been approved in <br />accordance with the requirements of the Secretary. <br />(c) No Wairer. If circumstances occur that would permit Lender to require immediate payment in full, but <br />Lender does not require such payments, Lender does not waive iis rights with respect to subsequent events. <br />(d) Regulations of HIJD Secretary. In many circumstances regulations issued by the Secretary wiil iimit <br />Lender's rights, in tlte case of payment defaults, to require immediate paymenE in fu[i and fozecIose if not <br />paid. This Securiry Instrument does not authorize acceleration or foreclosure if noi permitted by regulatians <br />of the Seczetary. <br />(e) 1�Iortgage Not Insnred. Bonower agrees that if this Security Instrument and the Note are not determined <br />to be eligible for insurance under the National Housing Act within 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 sta[ement of any authorized agent of the Secretary dated subsequent to 60 days from the da[e hereof, <br />declining to insure this Security instrument and the Note, shall be deemed conclusive proof of such <br />ineligibility. Notwithstanding the foregoina, this option may not be exercised by Lender when the <br />unavailability of insurance is soiely 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 faiture to pay an amount due under the Note or this Security Instrument. This ri�ht applies <br />even after foreclosure proceedings are instituted. To reznstate the Security Instz�ment, Borrower shail tender in a <br />lump sum al] amounts required to bring Borrower's account current including, to the extent they are obligations af <br />Borrower under this Security Instrumeat, foreclosure costs and reasonable and customary attorneys' fees and expenses <br />properly associated with the foreclosure proceedzng. 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 fuil. <br />However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement aftez the <br />commencement of foreclosure proceedings within two years immediately preceding the commencement of a current <br />foreciosure proceeding, (ii) reinstatement wiIl precIude foreclosure on different grounds in the future, or (izi) <br />reinstaiement will adversely affect the priority of the lien created by this Security Instrumen[. <br />11. Borrower 1�;ot Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shail not operate to release the Iiability of tlze original Borrower or Borrower's successor in <br />interest. Lender shall not be required to commence proceed.ings against any successor in interest or refuse to extend <br />time for payment or atherwise modify amortization of the sums 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 Insirument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the <br />provisions of paragraph 9(b). $orrower's covenants and agreements shalt be joint and several. Any Borrower who <br />co-signs this Security Instrument but does not execute the No[e: (a) is eo-signing this Security Insttvment only to <br />mortgaae, �rant and convey that Borrower's interest in the Property under the [erms of this Security Instrument; (b) <br />is not personally obliaated to pay the sums secured by this Securiiy instrument; and (c) agrees [hat Lender and any <br />other Borrower rnay a�ree to extend, modify, forbear or make any accommodations with regard tn ihe terms of this <br />Security Instrument or the Note without that Borrower's consent. <br />11 000204 <br />inifiefs <br />�-4NfNE) IOa07) Page 5 of 8 <br />OO <br />