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201607656
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Last modified
7/3/2017 5:40:40 PM
Creation date
11/15/2016 3:48:12 PM
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DEEDS
Inst Number
201607656
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Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security <br />Instrument is foreclosed. <br />201607656 <br />12. Reinstatement by Borrower. Borrower has a right to be reinstated if Lender has required <br />immediate payment in full. This right applies even after foreclosure proceedings are instituted. To <br />reinstate this Security Instrument, Borrower shall correct the condition which resulted in the <br />requirement for immediate payment in full. Foreclosure costs and reasonable and customary attorney's <br />fees and expenses properly associated with the foreclosure proceeding shall be added to the Principal <br />Balance. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures <br />shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not <br />required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of <br />foreclosure proceedings within two (2) years immediately preceding the commencement of a current <br />foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or <br />(iii) reinstatement will adversely affect the priority of the Security Instrument. <br />13. Deferral Period Reinstatement. If a Deferral Period ceases or becomes unavailable because a <br />Non - Borrowing Spouse no longer satisfies the Qualifying Attributes for a Deferral Period and has <br />become an Ineligible Non - Borrowing Spouse, neither the Deferral Period nor the Security Instrument <br />may be reinstated. In the event a Deferral Period ceases because an obligation of the Note, the Loan <br />Agreement, or this Security Instrument has not been met or the Note has become eligible to be called <br />due and payable and is in default for a reason other than death, an Eligible Non - Borrowing Spouse may <br />have a Deferral Period and this Security Instrument reinstated provided that the condition which resulted <br />in the Deferral Period ceasing is corrected within thirty (30) days. A Lender may require the Eligible <br />Non - Borrowing spouse to pay for foreclosure costs and reasonable and customary attorney's fees and <br />expenses properly associated with the foreclosure proceeding, such costs may not be added to the <br />Principal Balance. Upon reinstatement by an Eligible Non - Borrowing Spouse, the Deferral Period and <br />this Security Instrument and the obligations that it secures shall remain in effect as if the Deferral Period <br />had not ceased and the Lender had not required immediate payment in full. However, Lender is not <br />required to permit reinstatement if: (i)the Lender has accepted a reinstatement of either the Deferral <br />Period or this Security Instrument within the past two (2) years immediately preceding the current <br />notification to the Eligible Non - Borrowing Spouse that the mortgage is due and payable; (ii) <br />reinstatement of either the Deferral Period or this Security Instrument will preclude foreclosure in the <br />future, or (iii) reinstatement of either the Deferral Period or Security Instrument will adversely affect the <br />priority of this Security Instrument. <br />14. Lien Status. <br />(a) Modification. <br />Borrower agrees to extend this Security Instrument in accordance with this Paragraph 14(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 15(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 />Page 5 of 10 HECM Second Deed Of Trust- -2015 . <br />
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