Laserfiche WebLink
14 <br />shall deliver to the Custodian, or as otherwise agreed <br />to by the Secretary, the following: <br />(i) The original recorded Mortgage signed by the <br />mortgagor securing repayment of the indebtedness <br />evidenced by the Note. <br />(ii) A mortgagee title policy, issued by a company and <br />in a form acceptable to the Secretary, naming the <br />Secretary as the insured party. <br />(iii) A certified survey with a legal description <br />conforming to the title policy and the Mortgage. <br />(iv) An appraisal of the fee simple ownership interest <br />in the Property specifying an estimate of fair <br />market value of not less than 125 percent (125%) <br />of the principal balance of the Note. The <br />appraisal shall be completed by an appraiser who <br />is certified by the state and has a professional <br />designation (such as "SRA" or "MAI"), and shall <br />conform to the standards of the Financial <br />Institutions Reform, Recovery and Enforcement Act <br />of 1989 ("FIRREA"). <br />(v) An opinion of Borrower's counsel on its <br />letterhead, addressed and satisfactory to the <br />Secretary, that the Mortgage is a valid and <br />legally binding obligation, enforceable in <br />accordance with its terms. <br />(e) Paragraph 12 is amended by adding at the end thereof <br />the following language: <br />"(g) The Secretary may exercise any appropriate <br />remedies to enforce the lien on the Property <br />referred to in paragraph 15(a), amending paragraph <br />5 (c) ." <br />(f) If any one or more of the covenants, agreements, <br />provisions, or terms of this Contract shall be for any <br />reason whatsoever held invalid, then such covenants, <br />agreements, provisions or terms shall be deemed <br />severable from the remaining covenants, agreements, <br />provisions or terms of this Contract and shall in no <br />way affect the validity or enforceability of the other <br />provisions of this Contract or of the Note or the <br />rights of the Holder thereof. <br />