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ti��2U277� <br />bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever <br />is necessary to protect the value of the Property and Lender's rights in the Property, including payment <br />of taxes, hazard insurance and other items mentioned in Paragraph 2. <br />To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts <br />due to the Secretary for the Mortgage Insurance Premium as defined in the Loan Ageement as well as <br />all sums due to the loan servicer for servicing activities as defined in the Loan Agreement. Any amounts <br />disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for <br />in the Loan Agreement and shall be secured by this Security Instrument. <br />6. Inspection. Lender or its agent may enter on, inspect or malce appraisals of the Property in a <br />reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to <br />any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to <br />Lender's interest in the Property. If the Property is vacant or abandoned or the loan is in default, Lender <br />may take reasonable action to protect and preserve such vacant or abandoned Property without notice to <br />the Borrower. <br />7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation, or other taking of any part of the Property, or for conveyance in <br />place of condemnation shall be paid to Lender. The proceeds shall be applied first to the reduction of <br />any indebtedness under a Second Note and Second Security Instrument held by the Secretary on the <br />Property, and then to the reduction of the indebtedness under the Note and this Security Instrument. Any <br />excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this <br />Security Instrument shall be paid to the entity legally entitled thereto. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary. <br />9. Grounds for Acceleration of Debt. <br />(a) Due and Payable. Lender may require immediate payment-in-full of all sums secured by this <br />Security Instrument if <br />(i) A Borrower dies and the Property is not the principal residence of at least one surviving <br />Borrower; or <br />(ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning <br />all or part of the Property) is sold or otherwise transferred and no other Bonower retains title <br />to the Properiy in fee simple or retains a leasehold under a lease for not less than 99 yeazs <br />which is renewable or a lease having a remaining period of not less than 50 years beyond the <br />date of the 100th birthday of the youngest Borrower or retains a life estate (or reta.ining a <br />beneficial interest in a trust with such an interest in the Property). <br />(b) Due and Payable with Secretary Approval. Lender may require immediate payment-in-full <br />of all sums secured by this Security Instrument, upon approval of the Secretary, if: <br />(i) The Property ceases to be the principal residence of a Borrower for reasons other than <br />death and the Property is not the principal residence of at least one other Borrower; or <br />(ii) For a period of longer than 12 consecutive months, a Borrower fails to occupy the <br />Property because of physical or mental illness and the Property is not the principal residence <br />of at least one other Borrower; or <br />(iii) An obligation of the Borrower under this Security Instrument is not performed. <br />(c) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in this <br />Paragaph 9 (a)(ii) and (b) occur. <br />(d) Notice to Secretary and Borrower. Lender shall notify the Secretary and Borrower whenever <br />the loan becomes due and payable under Paragraph 9(a)(ii) and (b). Lender shall not have the right <br />to commence foreclosure until Borrower has had 30 days after notice to either: <br />(i) Correct the matter which resulted in the Security Instrument coming due and payable; or <br />(ii) Pay the balance in full; or <br />(iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply <br />the net proceeds of the sale toward the balance; or <br />(iv) Provide the Lender with a deed-in-lieu of foreclosure. <br />(e) Trusts. Conveyance of a Bonower's interest in the Property to a trust which meets the <br />requirements of the Secretary, or conveyance of a trust's interests in the Properiy to a Borrower, <br />Page 3 of 8 HECM First Deed OfTrust <br />