Section 184 Case #:
RIDER FOR SECTION 184 MORTGAGE
(NON-BORROWER PLEDGE OF LEASEHOLD INTEREST)
THIS RIDER FOR SECTION 184 MORTGAGE is made this _________day of ______, 20___ and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (“Security Instrument”) of the same date given by the undersigned (“Borrower”) to secure Borrower’s Note (“Note”) to _____________________________________________ __________ (“Lender”) of the same date and covering the property described in the Security Instrument and located at:
[Property Address]
____________________ (“Non-Borrower Leaseholder”) is executing this mortgage for the sole purpose of encumbering the interest she owns in the land which is security for this mortgage and the note referenced herein. However, he/she assumes no personal liability for the obligations enumerated in the note except to the extent described in the preceding sentence.
In the event of default, notice would be given ______________________ and the other mortgagors.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows:
The interests of the Borrower in the property described above were created by a lease agreement from ___________________________________ as lessor dated _________ ________, 20____. Any reference to the “Property” shall be construed as referring only to the interest of Borrower created by such lease or any replacement lease (as applicable).
If the Security Instrument is assigned to the Secretary of Housing and Urban Development (“Secretary”), any foreclosure proceeding may take place in a tribal court, Federal district court, or other court of competent jurisdiction or non-judicially, if applicable. Section 184 of the Housing and Community Development Act grants to any such court the jurisdiction to convey to the Secretary the remaining life of a lease on the property and to order eviction of the delinquent Borrower.
Any purchaser at foreclosure sale other than the Secretary must receive the written consent of the lessor or, if lessor is not an Indian tribe, the tribe of which lessor is a member. The purchaser shall receive a lease for the remaining term of the existing lease unless the tribe consents to an assumption of the existing lease.
This Security Instrument may be assumed, subject to credit approval by the Lender/HUD and the consent of the tribe to an assumption of the existing lease or the grant of the new lease. Assumption shall not cause any adjustment of the interest rate.
A sale of property subject to the Security Instrument without an assumption of the Security Instrument may be made if a new lease for the remaining term of the existing lease is granted.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants in this Rider for Section 184 Mortgage.
_________________________ Borrower Signature/Date
_________________________ Borrower Signature/Date
HUD-50122 (09/2012)
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
Author | Matthew Douglas |
File Modified | 0000-00-00 |
File Created | 2021-01-31 |