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+ 20120391� enforceable retention agreemeni or mechanism. The Lender will have ultimate control over any funds repaid by the Borrower pursuant to this section. Lender shall be glven notice of any sale or retinancing of the Property occurrin� prior ta the end of the Retention Period. Provided that Borrower complies with the terms of the Note, the amounts due and payable under tfie Note shafl not become due and payable, but shall be forgiven as follows: The principal amount of the Loan shall be reduced over the first 5 years by 1/60th of the original principal balance of the Loan for each month the Loan is outstanding. Such monthly reductians shail take effect in arrears on the same day of the month the Loan was originally made. The amount of the Loan due and payable at any time shall be determined after deducting the principal amount of the Loan which has been forgiven by Lender, 2. SUBORDINATION. This Mort�age is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Mortgage and to all advances heretofore made or which may hereafter be made pursuant to the First Mortgage, including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Mortgage, curing defaults by Borrower under the First Mortgage or for any other purpose expressly permitted by the First Mortgage; or (b) constructing, renovating, repairing, furnishing, flxturing or equipping the Property. The terms and provisions of the First Mortgage are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of fareclosure or deed-in-lieu of foreclosure of the First Mortgage, or ff the First Mortgage is assigned to the Secretary of the U.S. Department of Housing and Urban Development, any provisions herein or any provisions in any other collateral agreemer�t restricting the use of the Properly or otherwise restricting Borrouver's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Properly. Any person, including his successors or assigns (other than Borrower or a related entity of Borrower), receiving title to the Properly through a foreclosure or deed-in-lieu of foreclosure of the First Mortgage, or through the assignment of the First Mortgage to the Secretary of the U.S. Repartment of Housing and Urban Development, sfiafl receive title to the Property free and clear from such restrictions. 3. IVOTICES. Any notice to Borroa+er provided for in this Mortga�e shall be given by delivering it or by mailing it by flrst class mail unfess applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower deslgnates by notice to the Lender. 4. RELEASE. Upon satisfaction of all sums secu�ed by this Mort�age (whether by payment or forgivenessj, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay any recordation costs. 5. MODIFICATION OF FIRST MORTGAGE LOAN DOCUMENTS. The Lender consents to any agreement or arrangement in which Senior Lien Holder waives, postpones, extends, reduces or modifies any provisions of the First Mortgage Loan Documents, inciuding any pravisions requiring the payment of money. IN WfTNESS WHERE�IBorrower has executed this Mortgage. Borrower: STATE OF � Half OF r: � ) ss. 1 The foregoing instrument was acknowledged before me on this 15th day of May , 2 � 12 . by Joshua T Derr, A Single Person Notary Public �q�1EERAlI�S�I�Y'�� My Commission Expires: "�9 � / INY � �. Ma Y 91� 013 2