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201405854
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9/15/2014 4:04:47 PM
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9/15/2014 4:04:47 PM
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DEEDS
Inst Number
201405854
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13. Lien Status. <br />(a) Modification. <br />Borrower agrees to extend this Security Instrument in accordance with this Paragraph 13(a). If <br />Lender determines that the original lien status of the Security Instrument is jeopardized under <br />state law (including but not limited to situations where the amount secured by the Security <br />Instrument equals or exceeds the maximum principal amount stated or the maximum period <br />under which loan advances retain the same lien priority initially granted to loan advances has <br />expired) and state law permits the original lien status to be maintained for future loan advances <br />through the execution and recordation of one or more documents, then Lender shall obtain title <br />evidence at Borrower's expense. If the title evidence indicates that the property is not <br />encumbered by any liens (except the First Security Instrument described in Paragraph 14(a), <br />this Second Security Instrument and any subordinate liens that the Lender determines will also <br />be subordinate to any future loan advances), Lender shall request the Borrower to execute any <br />documents necessary to protect the lien status of future loan advances. Borrower agrees to <br />execute such documents. If state law does not permit the original lien status to be extended to <br />future loan advances, Borrower will be deemed to have failed to have performed an obligation <br />under this Security Instrument. <br />(b) Tax Deferral Programs. <br />Borrower shall not participate in a real estate tax deferral program, if any liens created by the <br />tax deferral are not subordinate to this Security Instrument. <br />(c) Prior Liens. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument <br />unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a <br />manner acceptable to Lender; (b) contests in good faith the lien by, or defends against <br />enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent <br />the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the <br />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 or more of the <br />actions set forth above within 10 days of the giving of notice. <br />14. Relationship to First Security Instrument. <br />201405854 <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 this Second <br />Security Instrument. Borrower also has executed a First Note and First Security Instrument. <br />(b) Relationship of First and Second Security Instruments. Payments made by the Secretary <br />shall not be included in the debt under the First Note unless: <br />(i) 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 payments made <br />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 included in <br />the debt under the First 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 First Note, or pay any rents and revenues of the <br />Property under Paragraph 20 to the holder of the First Note or a receiver of the Property, until <br />the Secretary has required payment -in -full of all outstanding principal and accrued interest <br />under the Second Note; or <br />(ii) Be obligated to pay interest or shared appreciation under the First Note at any time, <br />whether accrued before or after the payments by the Secretary, and whether or not accrued <br />Page 5 of 9 HECM Second Deed Of Trust - -: <br />
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