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20120269� (i) Be required to pay amounts owed under the First Note, or pay any rents and revenues of the Properiy under Paragraph 19 to the holder of the First Note or a receiver of the Property, until the Secretary has required payment-in-full of all outstanding principal and accrued interest under the Second Note; or (ri) Be obligated to pay interest or shared appreciation under the First Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance under the First Note. (d) No Duty of the Secretary. The Secretary has no dury to the holder of the First Note to enforce covenants of the Second Security Instrument or to take actions to preserve the value of the Property, even though the holder ofthe First Note may be unable to collect amounts owed under the First Note because of restrictions in this Paragraph 13. (e) Restrictions on Enforcemen� Notwithstanding anything else in this Security Inslrument, the Borrower shall not Ue obligated to comply with the covenants hereof, and Paragraph 19 shall have no force and effect, whenever there is no outstanding balance under the Second Note. 14. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 15. Successors aad Assigns Bound; Joint and Several Liability. Borrower may not assign any rights or obligations under tivs Security Instrument or the Second Note, ezcept to a trust that meets the requirements ofthe Secretary. Borrower's covenants and agreements shall be joint and several. 16. Notices. Any notice to Borrower provided for in this Security Insirument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method The notice shall be directed to the Property Address or any other address all Borrowers joindy designate. Any notice to the Secretary shall be given by first class mail to the HUD Field Office with jurisdiction over the Property or any other address designated by the Secretary. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph 16. 17. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Properiy is locaYed In the event thal any provision or clause of this Security Instrument or the Second Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Inslrument or the Second Note which can be given effect without the conflicting pmvision To this end the pmvisions of tivs Security Instrument and the Second Note aze declared to be severable. 18. Borrower's Copy. Borrower shall be given one confomied copy of the Second Note and tivs Security Instrument. NON-LJNIFORM COVENANfS. Botrower and Lender covenant and agree as follows: 19. Assignment of Rents. Bonower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or L,ender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to L,ender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Inshument, Bottower shall collect and receive all rents and revenues of the Property as m�stee for the benefit of Lender and Borrower. Ttris assignment of rents constitutes an absolute assignment and not a assignment for additional security only. If Lender gives notice of breach to Borrower. (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; (b) Lender shall be entifled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on I.ender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 19, except as pmvided in the Fust Security InsWment. Lender shall not be required to enter upon, take control of or maintain the Properiy before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. Tlus assignment of rents of the Property shall terminate when the debt secured by this Security Instrument is paid in full. Z0. Foreclosure Procedure. If Lender requires immediate payment-in-full under Paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender s6all be entitled to collect all expenses incurred in pursuing the remedies provided in this Page 3 of 6 HECM Suond Deed of Tnut