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20�10524; <br />on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the <br />: Property, upon Lender's request Borrower sha11 promptly furtush to Lender receipts evidencing these payments. <br />If B orrower fails to malce these payments or the payments required by Paragraph 2, or fails to perform any other covenants <br />and agreements contained in this Security Instrument, or there is a legal proceedittg that may significantly a,ffect Lender's <br />rights in the Property {such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then <br />Lender may do and pay whatever is necessary to protect the value of the Properly and Lender's rights in the Property, <br />including payment of ta,xes, hazard insurance and other items mentioned in Paragraph 2. <br />Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by <br />this Security Inst�ument These a.mounts shall bear interest from the date of disbursement, at the Note rate, and at the <br />option of Lender, sha11 be immediately due a.nd payable. <br />Borrower shall promptly discharge any lien which has priority over this Security Insttument unless Borrower: (a) agrees <br />in writing to tke payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate <br />to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender <br />subordinating the lien to this SecuriLy Instrument, If Lender determines that any part of the Property is subject to a Iien <br />which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower <br />shall satisfy the lien or take one or more of the actions set forth above within 10 days of the givittg of notice. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary, <br />9. Grounds for Acceleration of Debt. <br />(A) Default. Lender may, except as Iimited by regulations issued by the Secretary, in the case of payment defaults, <br />require immediate paynnent in full of all sums secured by this Security Instntment if <br />(i) Borrower defaults by failing to pay in full auy monthly payment required by this 5ecurity Insirument prior to <br />or on the due date of the next monthly payment, or <br />(ii) Borrower defaults by failing, for a period of thirly days, to perform any other obligations contained in this <br />Security Insirument. <br />(B) Sale Without Credit Approval. Lender shall, ifpermitted by applicable law (including 5ection 341(d} of the <br />Garn-St. Germa,in Depository Instituttions Act of 1982, 12 U.S.C, 1701j-3(d)) and with the prior approval of the <br />Secretaty, re�uire immediate payment in full of a11 sums secured by this Security Instaument if: <br />(i) All or part of the Property, or a beneficial interest in a trust owning a11 or part of the Properly, is sold or otherwise <br />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 purchaser or <br />grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements <br />of the Secretary. <br />(C) No W�iver. If circumsta.nces occur tha.t would permit Lender to require immediate payment in full, but Lender <br />does not require such payments, Lender does not waive its rights with respect to subsequent events. <br />{D) Regulations of HU D Secretary. In many circumstances regulations issued by the Secretary will limit Lender's <br />rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security <br />Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. <br />(E) Mottgage Not Insured. Borrower agrees that if this Security Instrument and the Note are ttot determined to be <br />eligible for insurance undex the National Housing Act within 60 days from the date hereof, Lender may, at itS option, <br />require immediate payment in full of a11 sums secured by this Security Instrumett� A written statement of any authorized <br />agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument <br />and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may <br />HCFG-00703 <br />FHA Daed of Truat NE Revised 4/96 <br />� 11/t0 <br />Wolte�a Kluwer Ffnertcial SeMcea 209907114.0.0.0.4002-J20710224Y Page 4 of 8 <br />11 <br />