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201607655 fee title shall not be merged unless Lender agrees to the merger in writing. 5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument in the manner provided in Paragraph 14(c). If Borrower fails to make these payments or pay the property charges required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts due to the Secretary for the Mortgage Insurance Premium as defined in the Loan Agreement as well as all sums due to the loan servicer for servicing activities as defined in the Loan Agreement. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in the Loan Agreement and shall be secured by this Security Instrument. 6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's interest in the Property. If the Property is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property without notice to, the Borrower. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation, or other taking of any part of the Property, or for conveyance in place of condemnation shall be paid to Lender. The proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by the Secretary on the Property, and then to the reduction of the indebtedness under the Note and this Security Instrument. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Non - Borrowing Spouse. Borrower, N/A is married to N/A ( "Non- Borrowing Spouse "), who is not a Borrower under the terms of the "Second Note," "Loan Agreement" or this Security Instrument. (a) Eligible Non - Borrowing Spouse - a Non - Borrowing Spouse identified by the Borrower who meets, and continues to meet, the Qualifying Attributes requirements established by the Secretary that the Non - Borrowing Spouse must satisfy in order to be eligible for the Deferral Period. (b) Ineligible Non - Borrowing Spouse - A Non - Borrowing Spouse who does not meet the Qualifying Attributes requirements established by the Secretary that the Non - Borrowing Spouse must satisfy in order to be eligible for the Deferral Period. 10. Grounds for Acceleration of Debt. (a) Due and Payable - Death. (i) Except as provided in Paragraph 10(a)(ii), Lender may require immediate payment in full of all sums secured by this Security Instrument if a Borrower dies and the Property is not the Principal Residence of at least one surviving Borrower. (ii) Lender shall defer the due and payable requirement under Paragraph 10(a)(i) above for any period of time ( "Deferral Period ") in which a Non - Borrowing Spouse identified in Paragraph 9 qualifies as an Eligible Non - Borrowing Spouse and certifies all of the following conditions are, and continue to be, met: a. Such Eligible Non - Borrowing Spouse remained the spouse of the identified Borrower for the duration of such Borrower's lifetime; b. Such Eligible Non - Borrowing Spouse has occupied, and continues to occupy, the Property f his /herl Principal Residence; Page 3 of 11 HECM First Deed Of Trust -2015