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201504035
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6/16/2015 4:07:30 PM
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6/16/2015 4:07:29 PM
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DEEDS
Inst Number
201504035
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5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all <br />governmental or municipal charges, fines and impositions that are not included in Paragraph 2. <br />Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure <br />to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall <br />promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any <br />lien which has priority over this Security Instrument in the manner provided in Paragraph 13(c). <br />If Borrower fails to make these payments or the property charges required by Paragraph 2, or fails to <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 <br />of 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 <br />in 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 a Second Note and Second Security Instrument held by the Secretary on the <br />Property, and then to the reduction of the indebtedness under the Note and this Security Instrument. Any <br />excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this <br />Security Instrument shall be paid to the entity legally entitled thereto. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary. <br />9. Non - Borrowing Spouse. Borrower, N/A is married to N/A ( "Non- Borrowing Spouse "), who is not a <br />Borrower under the terms of the "Second Note," "Loan Agreement" or this Security Instrument. <br />"Eligible Non - Borrowing Spouse" means a Non - Borrowing Spouse who meets the Qualifying Attributes <br />requirements defined in ML 2014 -07 for a Deferral Period. "Ineligible Non - Borrowing Spouse" means <br />a Non - Borrowing Spouse who does not meet the Qualifying Attributes requirements defined in ML <br />2014 -07 for a Deferral Period. <br />10. Grounds for Acceleration of Debt. <br />201504035 <br />(a) Due and Payable - Death. <br />(i) Except as provided in Paragraph 10(a)(ii), Lender may require immediate payment in full of <br />all sums secured by this Security Instrument if a Borrower dies and the Property is not the <br />Principal Residence of at least one surviving Borrower. <br />(ii) Lender shall defer the Due and Payable requirement under Paragraph 10(a)(i) above for any <br />period of time ( "Deferral Period ") in which a Non - Borrowing Spouse identified in Paragraph 9 <br />resides in the Property as [his/her] Principal Residence and all of the following conditions are, <br />and continue to be, met: <br />a. Such Non - Borrowing Spouse remained the spouse of the identified Borrower for the <br />duration of such Borrower's lifetime; <br />b. Such Non - Borrowing Spouse has occupied, and continues to occupy, the property <br />securing the Note as [his /her] Principal Residence; <br />c. Such Non - Borrowing Spouse has established legal ownership or other ongoing legal <br />right to remain in the property securing this Note; <br />d. All other obligations of the Borrower under the Note, the Loan Agreement and this <br />Security Instrument continue to be satisfied; and <br />e. The Note is not eligible to be called due and payable for any other reason. <br />Page 3 of 10 HECM First Deed Of Trust -2014 <br />
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