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2011Q32�9 <br />from the date hereo� Lender may, at its option, require immediate payment in full of all sums sectued by <br />Uris Security Inshvment A written statement of any authorized agent of the Secreta�y dated subse�uent to <br />6 0 DAYS from the date hereof, declining to insure this Security Instrument and <br />the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option <br />may not be exercisedby Lender when the unavailability of insurance is solely due to Leader' s failure to remit <br />a mortgage insurance premium to the Secretary. <br />10. Reinetatewent Borrower has a right to be reinstated if Lender has required im,,,�� payment in full <br />because of Borrower's failure to pay an amount due under the Note or Uvs Seciuity Instrument This right applies <br />even after foreclosure proaeedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a <br />lump sum all amounts required to bring Borrower's account current including, to the extent they are obligarions of <br />Bonower under this Security Instrument, foreclos�tte cosfs and reasonable and customary attomeys' fees and expenses <br />pro�rly associate@ with the forecloswe proceeding. Upon reinstatement by Borrower, this Security Instrument and <br />the obligations thaY it secwes shall remain in effect as if Lender had not required immediate payment in full. <br />However, I.ender is not required to permit reinstatement if (i) Lender has accepted reinstatement after the <br />commencement of foreclosure proceedings within two years immediately preceding the commencement of a current <br />for�losure proceeding, (ii) reinstatement will preclude foreclosure on different groimds in the future, or (iri) <br />reinstatement will adversely affect the priority of 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 of amortization of the sums secured by this Security Insh ument granted by Lender to any successor in <br />interest of Borrower shaII not operate to release the liability of the original Borrower or Borrower's succesaors in <br />interest Lender shall not be requited to commence proceedings against any successor in interest or refuse to extend <br />time for payment or otherwise modify amortization of the sums secured by this Security Tnslr�ment iry reason of any <br />demand made by the originaI Bonower or Borrowet's successors in interesK. 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. Sacceasors and Assigns Bonnd; Joint and Several Liability; Co-Signers. The covenants and agreements <br />of this Security Instrument shall bind aad benefit the successors and assigos of Lender and Horrower, subject to tha <br />provisions of paragraph 9(b). Bortower' s covenants and agreements shall be joint and severaL A� 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 Property under the terms of this Security Inskrument; (b) <br />is not personally obligated to pay the sums secured by tUis Sec�uity Insm�men� and (c) agrces that Lender and any <br />other Bonower may agree to exte,�nd, modify, forbear or make aay accommodations with regazd to tke tenns of this <br />Security Inshvment or the Note without that Borrower's conseak <br />13. Noflccs. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it ar <br />by mailing it by first class mail imless applicable law requires use of another method The notice shall lre directed <br />to the Properiy Address or aay other address Borrower designates by notice to Lender. Atry notice to Lender shall <br />be given by first class mail to Lender' s address stated herein or any address Lender desigaates by notice to Borrower, <br />tlny notice provided for in this Security Instrument shall be deemed to have been given to Borrower ar Lender when <br />given as provided in this ParagTaPh. <br />14. Governing I.aw; Severability. This Security Insirument shall be governed by federal law and the Iaw of <br />the jurisdiction in wlrich the Properly is located In the event that any provision or clause af this Securily Instrument <br />or the Note conflicts with applicable law, such conflict shall not affect other pravisions af Uus Security Inshwnent <br />ar the Note which can be given effect without the conflicting provision To Utis end the provisions of this Security <br />Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of tivs Security Insttument. <br />16. Hazardons Snbstancea Borrower shall not cause or petmit the presence, use, disposal, storage, or release <br />of any Ha�ardous Substaaces on or in fhe Property. Borrower shall not do, nor a11ow anyone else to do, anything <br />affecting the Property that is in violation of any Environmetttal Law. The preceding two sentences shall not apply <br />to the presence, use, ar storage on the Property of small quantities of Hazardous Substances that aze generally <br />recognized to be appropriate to normal residential uses aad to maintenance of ihe Properiy. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Ha�rdovs <br />Sl�bstance or Environmenfal Law of wluch Bortower has actual knowledge. If Borrower learns, or is notified by any <br />governmeatal or regulatory authority, that any removal or other remediation of any Ha�ardous Substances affecting <br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Envirommental Law. <br />As used itt this paragraph 16, "Hazardous Substaaces" are those substances defined as toxic or hazazdous <br />substances by Enviro�ental Iaw and the following substances: gasoline, kerosene, other flamcnable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in this pazagraph 16, "Envirommental Law" means federal laws and laws of the <br />jwtisdiction where the Propetry is la;ated that relate W health, safety or enviroffieatal protection. <br />NON-UNIFORM COVENANTS. Boaower and Lender fittther covenant and agree as follows: <br />17. Asaignment of Rents. Bonower uaconditionally assigns and traasfers to Lender all the rents and revenuea <br />of the Property.. Borrower authorizes Lender or Leader's agents to collect the rents and revenues and hereby directs <br />each tenant of the Property to pay the rents to Lender or Lender's agents. Aowever, prior to Lender's notice to <br />Bonower of Borrower' s breach of any covenant or agreement in the Se�w'ity Instrument, Borrower shall collect and <br />FHA N�R43KA D� OF TRU3T - M ERS DodNsg�e � <br />NmOTZ.FHA 11/01/OB Page 4 oi 7 www,docmag/cmm <br />�I�I�I I�II II II� II� I I� I�� I I IIII� II� �� <br />