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20120277� <br />shall not be considered a conveyance for purposes of this Paragraph 9. A trust shall not be <br />considered an occupant or be considered as having a principal residence for purposes of this <br />Paragraph 9. <br />(� Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note not <br />be eligible for insurance under the National Housing Act within eight (8) months from the date <br />hereof, if permitted by applicable law Lender may, at its option, require immediate payment-in-full <br />of all sums secured by this Security Instrument. A written statement of any authorized agent of the <br />Secretary dated subsequent to eight (8) months from the date hereof, declining to insure this <br />Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. <br />Notwithstanding the foregoing, this option may not be exercised by Lender when the <br />unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium <br />to the Secretary. <br />10. No Deficiency Judgments. Borrower shall have no personalliability for payment of the debt <br />secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. <br />Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security <br />InsYrument is foreclosed. If this Security Instrument is assigned to the Secretary upon demand by the <br />Secretary, Borrower shall not be liable for any difference between the mortgage insurance benefits paid <br />to Lender and the outstanding indebtedness, including accrued interest, owed by Bonower at the time of <br />the assignment. <br />11. Reinstatemen� Borrower has a right to be reinstated if Lender has required immediate <br />payment-in-full. This right applies even after foreclosure proceedings aze instituted. To reinstate this <br />Security Instrument, Borrower shall correct the condition which resulted in the requirement for <br />immediate payment-in-full. Foreclosure costs and reasonable and customary attorney's fees and <br />expenses properly associated with the foreclosure proceeding shall be added to the principal balance. <br />Upon reinstaxement by Borrower, this Security Instrument and the obligations that it secures shall <br />remain in effect as if Lender had not required immediate payment-in-full. However, Lender is not <br />required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of <br />foreclosure proceedings within two years immediately preceding the commencement of a current <br />foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or <br />(iii) reinsta.tement will adversely affect the priority of the Security Instrument. <br />12. Lien Status. <br />(a) Modification. <br />Borrower agrees to extend this Security Instrument in accordance with this Paragraph 12(a). <br />If Lender determines that the original lien status of the Security Instrument is jeopazdized <br />under state law (including but not limited to situations where the amount secured by the <br />Security Instrument equals or exceeds the maximum principal amount stated or the <br />maximum period under which loan advances reta.in the same lien priority initially granted to <br />loan advances has expired) and state law permits the original lien status to be maintained for <br />future loan advances through the execution and recordation of one or more documents, then <br />Lender shall obtain title evidence at Borrower's expense. If the title evidence indicates that <br />the property is not encumbered by any liens (except this Security Instrument, the Second <br />Security Instrument described in Paragraph 13(a) and any subordinate liens that the Lender <br />determines will also be subordinate to any future loan advances), Lender shall request the <br />Borrower to execute any documents necessary to protect the lien sta.tus of future loan <br />advances. Borrower agrees to execute such documents. If sta,te law does not permit the <br />originallien status to be eactended to future loan advances, Borrower will be deemed to have <br />failed to have performed an obligation under this Security Instrument. <br />(b) Tax Deferral Programs. <br />Bonower shall not participate in a real estate ta�c deferral program, if any liens created by the <br />taac deferral are not subordinate to this Security Instrument. <br />(c) Prior Liens. <br />Bonower shall promptly discharge any lien which has priority over this Security Instrument <br />unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in <br />a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against <br />enforcement of the lien in, legal proceedings which in the Lender's opinion operate to <br />prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures <br />from the holder of the lien an agreement satisfactory to Lender subordinating the lien to a11 <br />amounts secured by this Security Instrument. If Lender determines that any part of the <br />Property is subject to a lien which may attain priority over this Security Instrument, Lender <br />may give Borrower a notice identifying the lien. Bonower sha11 satisfy the lien or take one or <br />more of the actions set forth above within 10 days of the giving of notice. <br />Page 4 of 8 HECM First Deed OfTmst <br />