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( <br />201210156 <br />from the holder of the lien an agreement satisfactory to Lender subordinating the lien to all <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. Borrower shall satisfy the lien or take one or <br />more of the actions set forth above within 10 days of the giving of notice. <br />13. Relationship to First Security Instrument. <br />(a) Second Security Instrument. In order to secure payments which the Secretary may maketo <br />or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the <br />Loan Agreement, the Secretary has required Borrower to execute a Second Note and this <br />Second Security Instrument. Borrower also has executed a First Note and First Security <br />Instrument. <br />(b) Relationship of First and Second Security Instruments. Payments made by the Secret <br />shall not be included in the debt under the First Note unless: <br />(1) 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 payme is <br />made by the Secretary. <br />If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including <br />interest on the payments but excluding late charges paid by the Secretary, shall be include in <br />the debt under the First Note. <br />14. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right <br />remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />i <br />ry <br />(c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b <br />or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: <br />(1) Be required to pay amounts owed under the First Note, or pay any rents and reven es <br />of the Property under Paragraph 19 to the holder of the First Note or a receiver of he <br />Property, until the Secretary has required payment -in -full of all outstanding principal nd <br />accrued interest under the Second Note; or <br />(1) <br />(ii) Be obligated to pay interest or shared appreciation under the First Note at any ti e, <br />whether accrued before or after the payments by the Secretary, and whether or of <br />accrued interest has been included in the principal balance under the First Note. <br />(d) No Duty of the Secretary. The Secretary has no duty to the holder of the First Note to <br />enforce covenants of the Second Security Instrument or to take actions to preserve the va ue <br />of the Property, even though the holder of the First Note may be unable to collect amou is <br />owed under the First Note because of restrictions in this Paragraph 13. <br />Restrictions on Enforcement. Notwithstanding anything else in this Security Instrument, he <br />Borrower shall not be obligated to comply with the covenants hereof, and Paragraph 19 s all <br />have no force and effect, whenever there is no outstanding balance under the Second Not <br />or <br />Nebraska Second Deed of Trust - HECM ADJUSTABLE RATE <br />