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20�1055�� <br />{b) Sale Without Credit Approval. Lender shall, if germitted by applicable law (including Section 341(d) <br />of tlie Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with che grior <br />approvai of the Secretary, require immediate payment in full of a11 sums s�ured by this 5ecurity Instnunent <br />if: <br />(i} All ar part of 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 buc his or her credit has not been approved in <br />accordance with the requirements of the Seczetary. <br />(c) No Waiver. If circumstances occur that would permit Lender to requise immediate payment in full, but <br />Lender does not r�uire such payments, Lender does not waive its rights with resp�t to subsequent events. <br />(d) Regulations of HUD Secretary. 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 fore�lose if not <br />paid. This Se�urity Instrument does not authorize acceleration or foraclosure if not permitted by regulations <br />of the Secretary. <br />(e) Mortgage Not Insured. Borrower agr�s that if this Securiry Insmiment and the Note aze not determined <br />to be eligible for insurance under the National Housing Act within GU days from the date hereaf, Lender <br />may, at its option, require immediate payment in full of all sums secured by this Security Insm�ment. A <br />written statement of any authorized agent of the Se�retary dated subsequent to 60 days from the date hereof, <br />declining to insure this S�urity Instnunent and the Note, shall be deemed conclusive proof of such <br />ineligibility. Notwithstanding the foregoing, tlus option may not be exercis� by Lender when the <br />unavailability of insurance is solely 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 failure to pay an amount due under the Note or this Security Instivment. This right applies <br />even after for�losure proceeflings 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 obligations of <br />Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fe�s and expenses <br />properly associated with the for�losure proceeding. Upon reinstatement by Borrower, this Security Instrument and <br />the obligations that it secures shall remain in effe�t as if I.ender had not required immediate payment in full. <br />However, Lender is not required to g�rmit reinstatement if: (i) Lender has accepted reinstatement after the <br />commencement of foreclosure pzoceedings within two years immediately prece�iing the commencement of a cunent <br />fore.closure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the futwre, or {iii) <br />reinstatement will adversely aff�t the priority of the lien created by this Security Instrument. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of che time of payment or <br />modificarion of ainortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower`s succ�ssor in <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to emend <br />time for payment or otherwise modify amortization of the sums se.cured by this Security Instrument by reason of any <br />demand made by the original Borrower or Borrower's successors in interest. Any forbeazance by Lender in exercising <br />any right or remedy sha11 not be a waiver of or preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and 5everal Liability; Co-5igners. The covenants and agr�ments <br />of this Securiry Instrument shall bind and benefit the successors and assigns of Lender aud Borrower, subj�t to the <br />provisions of paragraph 9(b). Bonower's covenants and agre.ements shall be joint and several. Any Bonower who <br />co-signs this Security Instrument but does not exe�ute the Note: (a) is co-signing this Security Instrument only to <br />mortgage, grant and canvey that Bortower's interest in the Frogerty under the terms of ttus Security Tnstrument; (b) <br />is not personally obligated to pay the sutns secured by this Security Instrument; and (c) agrces that Lender and any <br />other Borrower may agree to extend, modify, forbear or rnake any accommodations with regard to the terms of this <br />Se�vrity Instrument or ttie Note without that Borrower's consent. <br />FHA Deed of Trust-NE <br />VMP � <br />Wolters Kluwer Finencial Services <br />� � � a�se <br />— `i 108091 <br />4 Pege 6 of 9 <br />