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201207599 against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forteiture of any part of the Property; or (c) secures from the holder of lhe lie� an agreement satisfactory to Lender subordinating the lien to all amounts secured by this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shail satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 13. Relationship to First Security Instrument. (a) Second Security Instrument. In order to secure payments which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i}(1)(A)of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to execute a Second Note and this Second Security Instrument. Borrower also has executed a First Note and First Security Instrument. (b) Relationship of Pirst and Second Security Instruments. Payments made by the Secretary shall rwt be induded in the debt under the First Note unless: (i) The First Secunty Instrument is assigned to tha Secretary; or (ii) The Secretary accepts reimbursement by the holder of the First Note for all payments made by the Secretary. If the circumstances described in (i)or(ii)occur, then all payments by the Secretary, induding interest on the payments but excluding late charges paid by the Secretary,shall be induded in the debt under the First Note. (c� Effect on Borcower. Where there is no assignment or reimbursement as described in (bXi) or(ii)and the Secretary makas payments to Borrowar, then Borrower shall not: (i) Be required to pay amounts owed under the First Note, or pay any rents and revenues of the Property under Paragraph 19 to the holder of the First Note or a receiver of the Properly, until the Secretary has required payment-in-full of all outstanding principal and accrued interest under the Second Note; or (ii) Be obligated to pay interest or shared appreciation under the First Note at any time, whether accrued before or after the payments by ihe Secrelary, 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 duty to the holder of the First Note lo enforce covenants of the Second Security Instrument or to take actions to preserve the value of the Property, even though the holder of the First Note may be unable to collect amounts owed under the First Note because of restrictions in this Paregraph 13. (e) Restrietions on Enforcement. Nolwithstanding anything else in this Security Instrument, the Borrower shall not be obligated to comply with the �venants hereof, and Paragraph 19 shali have no force and effect,whenever there is no outsfanding balance under the Se�nd Note. 14. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or n M Iil��n��IYIINII�IVIIYII IIIJnI IIIII n II V Ililln�ll ment ServKas O 0279(07/W) (B of 9) NeDreake Semnd Deatl d Tmst-HECM FU(ED RAIE