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98102577
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Last modified
3/12/2012 11:27:15 AM
Creation date
10/19/2005 5:23:47 PM
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DEEDS
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98102577
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Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by <br /> this Securky Instrument. These amounts shall bear hterest from the date of disbursement at the Note rate, and at the option of <br /> ' Lender, shall be immediately due and payable. <br /> Borrower shall promptly discharge any lien wh�h has priorky over this Securky Instrument unless BoROwer: (a) agrees in <br /> writing to the payment of the obl'�gation secured by the lien k� a manner acceptable to Lender; (b) contests � good fakh the lien <br /> by, or defends against enforcement of the Ifen in, legal proceedings which M the Lenders ophion operate to prevent the <br /> enforcement ot the lien; or (c) secures f�om the holder of the Ilen an agreement satisfactory to Lender subordinating the ifen to <br /> this Securiry Instrument. If Lender determines that any part oi the Property is subject to a lien whfch may attain prfority over this C� <br /> Securky Inshument, Lender may give Borrower a not�e identifytng the Oen. Borrower shall satfsfy the Ilan or take one or more of � <br /> the actions set forth above wkh� 10 days of the gNing of notbe. � <br /> 8. Fees. Lender may collect fees and charges euthoriaed by the Secretary. � <br /> 9. Grounds for Acceleration of Debt. C� <br /> (a) Default. Lender may, except as Iknked by regulations issued by the Secretary in the case of payment defaufts, • � <br /> require immediate payment in full of all sums secured by this Security instrument if: � <br /> (i) Borrower defaufts by failing to pay in full any monthly payment required by this Securky Instrument prior to or on � <br /> the due date oi the next monthly payment, or <br /> (ii) Borrower defauRs by failhg, for a period of thkty days, to perform any other obligatlons contained in this Security <br /> Instrument. <br /> (b) Sale Without Credit Approval. Lender shail, H pennftted by eppl�able law (Mcluding sectlon 341(d) of the <br /> GamSt Germain DeposRory Instkutions Act ot 1982, 12 U.S.C. 1701j-3(d)) and wkh the prior approva� of the Secretary, <br /> requke immed(ate payment in (utl of ail the sums secured by this Securfty Instrument if: <br /> (i) All or pert ot the Property, or a beneficial interest M a trust owninfl all or part of the PropeRy, Is sold or <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 purchaser or <br /> grantee does so occupy the Property, but his or her credk has not been approved in accordance wkh the <br /> requirements o( the Secretery. <br /> (C) NO WBiVe�. If circumstances occur that would permit Lender to requke immediate payment in full, but Lender <br /> does not require such payments, Lender does not waive ks rights wRh respect to subsequent events. <br /> (d) Regulations of HUD Secretary. in many c�cumstances re9u�a��ons �ssued by the secretery wm i�nn <br /> Lender's rights, h the case of payment defauRs, to requke knmediate payment in full and foreciose N not paid. This <br /> Security instrument does not authorize ecceleretion or foreclosure M not permitted by regulatlons oi the Secretary. <br /> (e) Mortgage Not Insured. Borrower agrees that if this Securky Instrument and the Note are not determined to <br /> be eNgible for insurance under the National Housing Act wkhin # of days (90� irom the date hereof, Lender <br /> may, at its option require immediate payment in full of all sums secured by this Securfty Instrument. A written statement <br /> of any authorized agent of the Secretary dated subsequent to # Of d8y8 [90) irom the date hereof, declining <br /> to insure this Security Instrument and the Note, shall be deemed conclusNe proof of such ineligbilRy. Notwithstanding <br /> the foregoing, this option may not be exercised by Lender when the unavailabilky of insurance is solely due to Lenders <br /> failure to remit a mortgage insurance premium to the Secretary. <br /> 10. Reinstatement. Borcower has a right to be reinstated if Lender has required immediate payment h (ull 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, BoROwer shall tender in a lump sum all amounts required to <br /> bring Borrower's account cuRent including, to the extent they are obligations of Borrower under this Security Instrument, <br /> foreclosure costs and reasonable and customary attomey's fees and expenses properly associated wkh the foreclosure <br /> proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as <br /> if Lender had not required immediate payment in (ull. However, Lender is not required to permft refnstatement H: (i) Lender has <br /> accepted reinstatement after the commencement of foreclosure proceedings withM two years �nmediately preceding the <br /> commencement of a cunent foreclosure proceeding, (ii) reinstatement wiil preclude foreciosure on different grounds in the future, <br /> or (iii) reinstatement will adversely affect the priority of the lien created by this Securky Instrument. <br /> 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or <br /> modifbation of amortization of the sums secured by this Securtty Instrument granted by Lender to any successor h interest of <br /> Borrower shall not operate to release the Bability of the original Borrower or Borrower's successor in hterest. Lender shall not be <br /> required to commence proceedings against any successor in interest or refuse to extend time for payment or othervvise modify <br /> amortization oi the sums secured by this Securky Instrument by reason of any demand mede by the original Borrower or <br /> BoROwer's successors in interest. My forbearance by Lender in exercising any right or remedy shall not be a waiver of or <br /> preclude the exe�cise of any right or remedy. . <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and <br /> agreements of this Security Instrument shall bind and benefit the successo�s and assigns of Lender and Borrower, subject to the <br /> provisions of Paragraph 9(b). Borrowe�'s covenants and agreements shall be joint and several. Any Borrower who co-signs this <br /> Security Instrument but does not execute the Note: (a) is co-sign(ng this Security Instrument only to mortgage, grant and convey <br /> that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the <br /> sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may egree to extend, modify, <br /> forbear or make any accommodatfons wkh regard to the term of this Securky Instrument or the Note without that Borrower's <br /> consent. <br /> 13. Notices. My notice to Borrower provided for in this Securiry Instrument shali be given by delivering k or by mailing k <br /> by first class mail unless appl(cabie law requires use of another method. The notice shall be dkected to the Property Address or <br /> any other address Borrower designates by notice to Lender. My notice to Lender shall be given by first class mail to Lender's <br /> address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this SecurRy <br /> Instrument shall be deemed to have been given to Borrower or Lender when given as provided � this paragraph. <br /> 14. Governing Law; Severability. This Security Instrument shali be govemed by Federal law and the law of the <br /> jurisdiction in which the Property is bcated. In the event that any proviston or clause of this Securky Instrument or the Note <br /> F5813.LM0(1/BB) Paps 3 of S <br />
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