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201202772
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Last modified
6/5/2012 4:34:26 PM
Creation date
4/10/2012 8:46:09 AM
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DEEDS
Inst Number
201202772
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201202�7� <br />11. Reinstatemen� Bonower has a right to be reinsta.ted if Lender has required immediate <br />payment-in-full. This right applies even after foreclosure proceedings are instituted. To reinstate this <br />Security Instrument, Bonower 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 reinsta.tement 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) reinsta.tement will preclude foreclosure on different grounds in the future, or <br />(iii) reinstatement 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). If <br />Lender determines that the original lien status of the Security Instrument is jeopardized under <br />state law (including but not limited to situations where the amount secured by the Security <br />Instrument equals or exceeds the maximum principal amount stated or the maacimum period <br />under which loan advances retain the same lien priority initially granted to loan advances has <br />expired) and state law permits the original lien status to be maintained for future loan advances <br />through the execution and recordation of one or more documents, then Lender shall obtain title <br />evidence at Borrower's expense. If the title evidence indicates that the property is not <br />encumbered by any liens (except the First Security Instrument described in Pazagraph 13(a), <br />this Second Security Instrument and any subordinate liens that the Lender determines will also <br />be subordinate to any future loan advances), Lender shall request the Borrower to execute any <br />documents necessary to protect the lien status of future loan advances. Borrower agrees to <br />execute such documents. If sta.te law does not permit the original lien status to be extended to <br />future loan advances, Borrower will be deemed to have failed to have performed an obligation <br />under this Security Instrument. <br />(b) Taz Deferral Programs. <br />Borrower shall not participate in a real estate tax defenal program, if any liens created by the <br />ta�c deferral are not subordinate to this Security Instrument. <br />(c) Prior Liens. <br />Borrower 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 a <br />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 prevent <br />the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the <br />holder of the lien an agreement satisfactory to Lender subordinating the lien to all amounts <br />secured by this Security Instrument. If Lender determines that any part of the Property is <br />subject to a lien which may attain priority over this Security Instrument, Lender may give <br />Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of <br />the actions set forth above within 10 days of the giving of notice. <br />13. Relationship to First Security Instrumen� <br />(a) Second Security Instrument. In order to secure payments which the Secretary may make to or <br />on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan <br />Agreement, the Secretary has required Borrower to execute a Second Note and this Second <br />Security Instrument. Bonower also has executed a First Note and First Security Instrument. <br />(b) Relationship of First and Second Security Instruments. Payments made by the Secretary <br />shall not be included in the debt under the First Note unless: <br />(i) The First Security Instrument is assigned to the Secretary; or <br />(ii) The Secretary accepts reimbursement by the holder of the First Note for all payments made <br />by the Secretary. <br />If the circumsta.nces described in (i) or (ii) occur, then a11 payments by the Secretary, including <br />interest on the payments but excluding late charges paid by the Secretary, shall be included in <br />the debt under the First Note. <br />(c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or <br />(ii) and the Secretary makes payments to Borrower, then Borrower shall not: <br />Page 4 of 8 HECM Second Deed of Tnut <br />
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