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201706666
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Last modified
12/9/2019 6:32:54 PM
Creation date
10/2/2017 4:22:39 PM
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DEEDS
Inst Number
201706666
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10. Grounds for Acceleration of Debt. <br />(a) Due and Payable - Death. <br />(i) Except as provided in Paragraph 10(a)(ii), Lender may require immediate payment in full <br />of 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 <br />9 qualifies as an Eligible Non - Borrowing Spouse and certifies all of the following conditions <br />are, and continue to be, met: <br />a. Such Eligible Non - Borrowing Spouse remained the spouse of the identified <br />Borrower for the duration of such Borrower's lifetime; <br />b. Such Eligible Non - Borrowing Spouse has occupied, and continues to occupy, the <br />Property as [his/her] Principal Residence; <br />c. Such Eligible Non - Borrowing Spouse has established legal ownership or other <br />ongoing legal right to remain in the Property; <br />d. All other obligations of the Borrower under the Note, the Loan Agreement and this <br />Security Instrument continue to be satisfied; <br />e. The Note is not eligible to be called due and payable for any other reason. <br />This sub paragraph (ii) is inapplicable or null and void if an Eligible Non - Borrowing Spouse <br />is or becomes an Ineligible Non - Borrowing Spouse at any time. Further, during a deferral <br />of the due and payable status, should any of the conditions for deferral cease to be met, such <br />a deferral shall immediately cease and the Note will become immediately due and payable in <br />accordance with the provisions of Paragraph 7(A)(i) of the Note. <br />(b) Due and Payable - Sale. Lender may require immediate payment in full of all sums secured <br />by this Security Instrument if all of a Borrower's title in the Property (or his or her beneficial <br />interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other <br />Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less <br />than 99 years which is renewable or a lease having a remaining period of not less than 50 years <br />beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining <br />a beneficial interest in a trust with such an interest in the Property). A deferral of due and payable <br />status is not permitted when a Lender requires immediate payment in full under this Paragraph. <br />Page 4 of 12 <br />201706660 <br />HECM First Deed Of Trust -2015 <br />
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