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98102806
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Last modified
3/12/2012 11:31:26 AM
Creation date
10/19/2005 5:26:46 PM
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DEEDS
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98102806
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Any amounts disbursed by Lender under this Paragraph shall become an additionel debt of Borrower and be secured by � <br /> this Security Instrument. These amounts shall bear interest from the date of disburseme�t at the Note rete, and at the option of � <br /> Lender, shall be immediatey due and payable. ' <br /> BoROwer shail promptly discharge any lie� whfch has priorky over this Security Instrument unless BoROwer: (a) ayrses h, <br /> writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests In good faith the tlen��'� <br /> by, or detends ayainst enforcement of the lien in, legal proceedings whbh h the Lenders opinion operate to prevent the � <br /> enforcement of the Ben; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the Ilen to N <br /> this Securky Instrument. If Lender detennines that any part ot the Property is subject to a Uen which may attafn priority over this (� <br /> Security Instrument, Lender may gNe BoROwer a notice identifyhg the lien. Borrower shall satisfy the lien or take one or more of A <br /> the actions set torth above within 10 days of the givhg of notice. Q: <br /> 8. Fees. Lender may coilect fees and charges authorized by the Secretary. <br /> 9. Grounds for Acceleration ot Debt. <br /> (a) Default. Lender may, except as Iimked by regulations issued by the Secretary in the case of payment defauRs, <br /> requke immediate payment h full of all sums secured by this Securky Instrument ff: <br /> (i) BoROwer defauRs by fafling to pay in full any monthly payment required by thfs Securfty Instrument prbr to or on <br /> the due date of the next monthly payment, or : <br /> (iq BoROwer defaults by faltlny, for a perbd of thkty days, to pertorm any other oblipatbns contahed in this Security <br /> Instrument. <br /> (b) Sale Without Credit Approval. Lender sheil, if permitted by appl�able lew (including sectlon 341(d) of the <br /> Gam-St Germain Deposkory Instkutions Act o} 1982, 12 U.S.C. 1701 j-3(d)) and wkh the prior approval of the Secretary, <br /> requke fmmediate payment in full of all the sums secured by this Securky Instrument M: <br /> (i) All or part of the Property, or a beneficiel interest in a trust own�g all or part of the Property, 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 credft has not been approved in accordance wkh the <br /> requirements of the Secretary. <br /> (C) NO Waiver. If circumstances occur that would permit Lender to requke immediete payment h full, but Lender <br /> does not require such payments, Lender does not watve ks riphts wkh respect to subsequent events. <br /> (d) Regulations of HUD Secretary. in many c�cumstances regu�actons Issued by the secrecary wia iimh <br /> Lender's rights, in the case of payment defeuRs, to require immediate payment in full and foreclose ff not paid. This <br /> Security Instrument does not authorize acceleration or foreclosure if not permkted by regulations of the Secretary. <br /> (e) Mortgage Not Insured. Borrower agrees that N this Securky instrument snd the Note are not determined to <br /> be eligible tor insurance under the National Housing Act within # Of dBxS �90) from the date hereof, Lender <br /> may, at ks option require immediate payment h full of all sums secured by this Security Instrument. A written statement <br /> o( any suthoriz�d agent of the Secretary dated subsequent to # of days (90) irom the date hereot, declining <br /> to �sure this Securiry Instrument and the Note, shall be deemed concluslve proof of such ineligibility. Notwkhstanding <br /> the foregoing, this option may not be exercised by Lender when the unavailabilRy of insurance is solely due to Lender's <br /> failure to remit a mortgage insurance premium to the Secretary. : <br /> 10. Reinstatement. BoROwer has a right to be reinstated if Lender has required immediate payment in full because of <br /> Borrowers failure to pay an amount due under the Note or thts Security Instrument. This right applies even after foreciosure <br /> proceedings are instituted. To reinstate the Security Instrument, BoROwer shall tender in a lump sum ell amounts requked 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 attomey's fees and expenses properly associated with the forectosure : <br /> proceeding. Upon reinstatement by BoROwer, this Security Instrument and the obligations that k secures shall remafn in effect as <br /> 'rf Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has : <br /> accepted reinstatement efter the commencement of foreclosure proceedings wkhin two years knmediately preceding the : <br /> commencement of a cuRent foreclosure proceeding, (ii) reinstatement wiil preclude toreclosure on different grounds in the future, : <br /> or (iii) reinstatement will adversey alfect the priority of the lien created by this Securfty Instrument. <br /> 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or <br /> modHication of amortization of the sums secured by this Securfty Instn.iment granted by Lender to any successor in interest o} : <br /> Borrower shali not operate to release the IiabiBty of the original Bonower or Borrower's successor in interest Lender shall not be <br /> required to commence proceedings against any successor in interest or re(use to extend time for payment or otherwise modi(y <br /> amortization of the sums secured by this Security Instrument by reason of any demand made by the orfginai Borrower or : <br /> eorrower's successors h interest. Any forbearance by Lender in exercishg any ripht or remedy shall not be a waNer of or <br /> preclude the exercise of any right or remedy. ' <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenancs and : <br /> agreements of this Securky Instrument shall bfnd and benefit the successors and assigns of Lender and Borrower, subject to the <br /> provisions ot Paragraph 9(b). Borrower's covenants and agreements shalt be joint and several. Any Borrower who co-signs this <br /> Security Instrument but does not execute the Note: (a) is co-signing th(s Security Instrument only to mortgage, grant and convey <br /> that Borrowers interest in the PropeRy under the terms of this Securky Instrument; (b) is not personaily obligated to pay the <br /> sums secured by this SecurRy Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, <br /> forbear or make any accommodations with regard to the term of this Securky Instrument or the Note wkhout that Borrowers �: <br /> consent. <br /> 13. Notices. Any notice to Borcower provided for in this Security Instrument shall be given by delivering ft or by mai�ing it : <br /> by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or <br /> any other address Borrower designates by notice to Lender. My notice to Lender shall be given by first cless maii to Lender's <br /> address stated herein or any address Lender designates by notice to Bonower. Any notice provided for in thfs Securfty <br /> Instrument shali be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br /> 14. Governing Law; Severabiliry. This Security Inst►ument shall be govemed by Federal law and the law of the <br /> jurisdiction in which the Property is located. I� the event that any provision or clause oi this Security Instrument or the Note <br /> F5813.LM0 (1/98) Pag• 3 of 5 <br />
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