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20160'76 <br />BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the <br />right to grant and convey the Property and that the Property is only encumbered by a First Security <br />Instrument given by Borrower and dated the salve date as this Security Instrument ( "First Security <br />Instrument "). Borrower warrants and will defend generally the title to the Property against all claims and <br />demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform <br />covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal and Interest. Borrower shall pay when due the principal of, and interest on, <br />the debt evidenced by the Second Note. <br />2. Payment of Property Charges. Borrower shall pay all property charges consisting of property taxes, <br />hazard insurance premiums, flood insurance premiums, ground rents, condominium fees, planned unit <br />development fees, homeowner's association fees, and any other special assessments that may be required <br />by local or state law in a timely manner, and shall provide evidence of payment to Lender, unless Lender <br />pays certain property charges as provided for and in accordance with the Loan Agreement. <br />3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, <br />whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, <br />including, but not limited to, fire and flood, for which Lender requires insurance. Such insurance shall <br />be maintained in the amounts, and for the periods that Lender requires; Lender has the discretion to <br />increase or decrease the amount of any insurance required at any time provided the amount is equal to or <br />greater than any minimum required by the Secretary of Housing and Urban Development ( "Secretary "). <br />Whether or not Lender imposes a flood insurance requirement, Borrower shall at a minimum insure all <br />improvements on the Property, whether now in existence or subsequently erected, against loss by floods <br />to the extent required by the Secretary. If the Lender imposes insurance requirements, all insurance shall' <br />be carried with companies approved by Lender, and the insurance policies and any renewals shall be <br />held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of <br />loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and <br />directed to make payment for such loss to Lender, instead of to Borrower and Lender jointly. Insurance <br />proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is <br />economically feasible and Lender's security is not lessened. If the restoration or repair is not <br />economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied <br />first to the reduction of any indebtedness under the Second Note and this Security Instrument and then <br />to the reduction of the indebtedness under the First Note and First Security Instrument. Any excess <br />insurance proceeds over an amount required to pay all outstanding indebtedness under the Second Note <br />and this Security Instrument and the First Note and the First Security Instrument shall be paid to the <br />entity legally entitled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of title to the Property that <br />extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in <br />force shall pass to the purchaser. <br />4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br />Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's <br />Principal Residence after the execution of this Security Instrument and Borrower (or at least one <br />Borrower, if initially more than one person are Borrowers) shall continue to occupy the Property as <br />Borrower's Principal Residence for the term of the Security Instrument. <br />Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the <br />Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if <br />Borrower, during the loan application process, gave materially false or inaccurate information or <br />statements to Lender (or failed to provide Lender with any material information) in connection with the <br />loan evidenced by the Note, including, but not limited to, representations concerning Borrower's <br />occupancy of the Property as a Principal Residence. If this Security Instrument is on a leasehold, <br />Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, <br />the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. <br />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 />Page 2 of 10 HECM Second Deed Of Trust - -2015 <br />