except for encumbrances of record. Borrower warrants and will defend generally the title to the
Property against all claims and demands, subject to any encumbrances or record.
1. Payment of Principal and Interest. Borrower shall pay, when due and payable, the
principal sum of the debt evidenced by the Note and according to the terms of the Note.
2. Occupancy. Borrower shall own and occupy, establish and use the Property as
Borrower’s sole residence and shall continue to occupy the Property as Borrower’s sole residence
for at least 36 (thirty-six) months, beginning on ________________________[insert date of
commencement of Owner-occupant period – thirty (30), ninety (90) or one hundred eighty
(180) days after closing] and ending on __________________________________[36 (thirty-six)
months after date of commencement].
3. Fees. Lender may collect fees and charges authorized by the Note.
4. Grounds for Acceleration of Debt. Lender may require immediate payment in full of
all sums secured by this Security Instrument as evidenced by the Note after any default by the
Borrower occurs as described in paragraph 5 of the Note.
5. Foreclosure Procedure. [For illustration only. Needs adaptation, per the instruction
relating to paragraph 18 of the model mortgage form in appendix II of HUD handbook 4165.1
REV-2.] If Lender requires immediate payment in full under Paragraph 4 above, Lender may
invoke the power of sale and any other remedies permitted by applicable law. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in the paragraph 5,
including but not limited to, reasonable attorney’s fees and cost of title evidence.
If Lender invokes the power of sale, Lender shall give notice to borrower in the manner
provided in paragraph 7 below. Lender shall publish and post the notice of sale, and the Property
shall be sold in the manner prescribed by applicable law. Lender or its designee may purchase the
property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all
expenses of the sale, including but not limited to, reasonable attorney’s fees; (b) to all sums
secured by this Security Instrument as evidenced by the Note; and (c) any excess to the person or
persons legally entitled to it.
[The following language is mandatory in all cases.] If the Lender’s interest in this Security
Instrument is held by the Secretary and the Secretary requires immediate payment in full under
Paragraph 4, the Secretary may invoke the nonjudicial power of sale provided in the Single Family
Mortgage Foreclosure Act of 1994 (“Act) (12 U.S.C.3751 et seq.) by requesting a foreclosure
commissioner designated under the Act to commence foreclosure and to sell the Property as
provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights
otherwise available to a Lender under this Paragraph 5 or applicable law.