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201400594 <br />perform any other covenants and agreements contained in this Security Instrument, or there is a legal <br />proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in <br />bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever <br />is necessary to protect the value of the Property and Lender's rights in the Property, including payment of <br />taxes, hazard insurance and other items mentioned in Paragraph 2. <br />To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts <br />due to the Secretary for the Mortgage Insurance Premium as defined in the Loan Agreement as well as <br />all sums due to the loan servicer for servicing activities as defined in the Loan Agreement. Any amounts <br />disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in <br />the Loan Agreement and shall be secured by this Security Instrument. <br />6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a <br />reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to <br />any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to <br />Lender's interest in the Property. If the Property is vacant or abandoned or the loan is in default, Lender <br />may take reasonable action to protect and preserve such vacant or abandoned Property without notice to <br />the Borrower. <br />7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of any part of the Property, or for conveyance in <br />place of condemnation, shall be paid to Lender. The proceeds shall be applied first to the reduction of <br />any indebtedness under the Second Note and this Security Instrument. Any excess proceeds over an <br />amount required to pay all outstanding indebtedness under the Second Note and this Security Instrument <br />shall be paid to the entity legally entitled thereto. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary for the Home Equity <br />Conversion Mortgage Insurance Program. <br />9. Grounds for Acceleration of Debt. <br />(a) Due and Payable. Lender may require payment -in -full of all sums secured by this Security <br />Instrument if: <br />(i) A Borrower dies and the Property is not the principal residence of at least one surviving <br />Borrower; or <br />(ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all <br />or part of the Property) is sold or otherwise transferred and no other Borrower retains title to <br />the Property in fee simple or retains a leasehold under a lease for not less than 99 years which is <br />renewable or a lease having a remaining period of not less than 50 years beyond the date of the <br />100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial <br />interest in a trust with such an interest in the Property); or <br />(iii) The Property ceases to be the principal residence of a Borrower for reasons other than <br />death and the Property is not the principal residence of at least one other Borrower; or <br />(iv) For a period of longer than 12 consecutive months, a Borrower fails to occupy the <br />Property because of physical or mental illness and the Property is not the principal residence of <br />at least one other Borrower; or <br />(v) An obligation of the Borrower under this Security Instrument is not performed.. <br />(b) Notice to Lender. Borrower shall notify the Lender whenever any of the events listed in <br />Paragraph 9(a)(ii) -(v) occur. <br />(c) Notice to Borrower. Lender shall notify Borrower whenever the loan becomes due and payable <br />under Paragraph 9(a)(ii) -(v). Lender shall not have the right to commence foreclosure until <br />Borrower has had 30 days after notice to either: <br />(i) Correct the matter which resulted in the Security Instrument coming due and payable; or <br />(ii) Pay the balance in full; or <br />(iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the <br />net proceeds of the sale toward the balance; or <br />(iv) Provide the Lender with a deed -in -lieu of foreclosure. <br />Page 3 of 9 HECM Second Dee. Of Trust <br />