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�0��05�4� <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 limited by regulations issued by the Secretary in the case of payment defaults, <br />require immediate payment in full of all sums secured by this Security Instrument if: <br />(i) Borrower defaults hy failing to pay in full any monthly payment required by this Security �nstrument prior to <br />or on the due date of the next monthly payment, or <br />(u) Bonower defaults by failing, for a period of thirty days, to perform any other obligations contained in this <br />Security Instrument. <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341([� of the <br />Garn-St Germain Depository Institutions Act of 1982, 1Z U.S.C. 1701j-3(�) and with the priar approval of the <br />Secretary, require immediate payment in fuIl of all sums secured by this 5ecurity Instrument if: <br />(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Properly, is sold ar <br />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 no[ been approved in accordance with <br />the requirements of the Secretary. <br />(c) No Waiver. If circumstances occur that 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 HUD Secretary. In many circumstances regulations issued by the 5ecretary 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 pemutted by regulations of the Secretary. <br />(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be <br />eligible for insurance under the Naiional Housing Act within from the date hereof, Lender may, at its <br />option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any <br />authorized agent of the Secrefiary dated subsequent to from the date hereof, declining to iiisure this <br />Security Instrvment and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the <br />foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's <br />failure to remit a mortgage insurance premium to the Secretary. <br />10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in fiill because of <br />Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure <br />proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts reqvired to <br />bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, <br />foreclosure costs and reasonable and customary attomeys' fees and expenses properly associated with the foreclosure <br />proceeding. Upon reinstatement by $arrower, this Security Instrumenf and the obligations that it secures shall remain in effect <br />as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender <br />has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the <br />commencement of a current foreclosure proceeding, (u) reinstatement will preclude foreclosure on different grounds in the <br />future, or (iu) reinstatement will adversely affect tl�e priority of the Iien created by this Security Instrument. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification <br />of amortizaflon of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall <br />not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to <br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's <br />successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude.the <br />exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this <br />Securiiy Instrument shall bind and beneflt the successors and assigns of Lender and Borrower, subject to the provisions of <br />paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that <br />Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums <br />secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Securiiy Instrument or the Note without that Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Securifiy Instrument shall be given by delivering it or by mailing <br />it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address <br />or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to <br />Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security <br />Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />GCC - 1590-4NE (oe/97) Page 4 of 7 , Initials: !/vQ' /`� <br />