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201301300 <br /> by the Security Instrument equals or exceeds the maximum principal amount stated or the <br /> maximum period under which loan advances retain 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 the <br /> property is not encumbered by any liens(except this Security Instrument, the Second Security <br /> 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 status of future loan <br /> advances. Borrower agrees to execute such documents. If state law does not permit the <br /> original lien status to be extended 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. Borrower shall not participate in a real estate tax deferral program, if <br /> any liens created by the tax deferral are not subordinate to this Security Instrument. <br /> (c) Prior Liens. Borrower shall promptly discharge any lien which has priority over this Security <br /> Instrument unless Borrower: (a)agrees in wnting to the payment of the obligation secured by <br /> the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends <br /> against enforcement of the hen 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 from <br /> the 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 more of the <br /> actions set forth above within 10 days of the giving of notice. <br /> 13. Relationship to Second Security Instrument. <br /> (a) Second Security Instrument. In order to secure payments which the Secretary may make to <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 a <br /> Second Security Instrument on the Properly <br /> (b) Relationship of First and Second Security Instruments. Payments made by the Secretary <br /> shall not be included in the debt under the Note unless: <br /> (i) This Security Instrument is assigned to the Secretary; or <br /> (H) The Secretary accepts reimbursement by the Lender for all payments made by the <br /> 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 included <br /> in the debt under the 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 /> (i) Be required to pay amounts owed under the Note, or pay any rents and revenues of the <br /> 11111 II 11111 11 111 IIII 111111 II HID ID El VIII]I I <br /> q 0331428133202330000000y <br /> Finale Document Services@ 0228 07107 (6 of 10) Nebraska Deed of Trust HELM FIXED RATE-MERS <br />