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20�iQ�321 <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Secrion 341(d) <br />of the Garn-5t. Germain Depository Institutions Act of 1982, 12 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 this Security Instrument <br />if: <br />(i) All or part of the Property, or a beneficial interest in a trust owning a11 or part of the Property, is sold <br />or otherwise transfened (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 Waiver. 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 its rights with respect to subsequent events. <br />(d) RegulaHons of HLJD Secretaty. 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 Insmiment does not authorize acceleration or foreclosure if not permitted by regulations <br />of the Secretary. <br />(e) Mortgage Not Insured. Bonower agrees that if this Security Instiument and the Note aze 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 5ecurity 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 Instrument and the Note, shall be deemed conclusive proof of such <br />ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the <br />unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the <br />S�retary. <br />10. Reinstatement. Bonower has a right to be reinstated if Lender has required immediate payment in full <br />because of Bonower's failure to pay an amount due under the Note or this Security Instrument. This right applies <br />even after foreclosure proceedings aze instituted. To reinstate the 5ecurity Insttvment, Borrower shall tender in a <br />lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of <br />Bonower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses <br />properly associated with the foreclosure proceeding. Upon reinstatement by Bonower, this Security Insttument and <br />the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. <br />However, Lender 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 />foreclosure proceeding, (u) 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 Security Insixument. <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 Instrument granted by Lender to any successor in <br />interest of Bonower shall not operate to release the liability of the original Bonower or Borrower's successor in <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend <br />time for payment or otherwise modify amorti�tion of the sums secured by this Security Instrument by reason of any <br />demand made by the original Bonower or Bonower'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; CaSigners. The covenants and agreements <br />of this 5ecurity Instrument shall bind and benefit the successors and assigns of Lender and Bonower, subject to the <br />provisions of pazagraph 9(b). Bonower's covenants and agreements shall be joint and several. Any Bonower who <br />co-signs this Security Instnunent but does not ex�ute the Note: (a) is co-signing this Security Instnunent only to <br />mortgage, grant and convey that Bonower'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 Lender and any <br />other Borrower may agree to extend, modify, forbear or m�ke any accommodations with regazd to the terms of this <br />5ecurity Instrument or the Note without that Bonower's consent. <br />FHA Deed of Trust-NE <br />VMP Q <br />Walters Kluwer Financial Servicea <br />aiss <br />� VMP4R�NE) (0609) <br />� Pege 5 of 9 <br />