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201706667
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Last modified
12/9/2019 6:44:26 PM
Creation date
10/2/2017 4:23:15 PM
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DEEDS
Inst Number
201706667
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(e) Notice to Borrower. Lender shall notify the Borrower whenever the loan becomes due and <br />payable under Paragraph 10 (b) and (c). Lender shall not have the right to commence foreclosure <br />until Borrower has had thirty (30) days after notice to either: <br />(i) Correct the matter which resulted in the Security Instrument coming due and payable; or <br />(ii) Pay the balance in full; or <br />(iii) Sell the Property for the lesser of the balance or ninety -five percent (95 %) of the <br />appraised value and apply the net proceeds of the sale toward the balance; or <br />(iv) Provide the Lender with a deed -in -lieu of foreclosure. <br />(1) Notice to Secretary and Eligible Non - Borrowing Spouse. Lender shall notify the Secretary <br />and any Non- Borrowing Spouse identified in Paragraph 9 who qualifies as an Eligible <br />Non - Borrowing Spouse whenever any event listed in Paragraph 10 (b) and (c) occurs during a <br />Deferral Period. <br />(g) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the <br />requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, <br />shall not be considered a conveyance for purposes of this Paragraph 10. A trust shall not be <br />considered an occupant or be considered as having a Principal Residence for purposes of this <br />Paragraph 10. <br />11. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt <br />secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. <br />Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security <br />Instrument is foreclosed. <br />12. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in <br />full. This right applies even after foreclosure proceedings are instituted. To reinstate this Security <br />Instrument, Borrower shall correct the condition which resulted in the requirement for immediate <br />payment in full. Foreclosure costs and reasonable and customary attorney's fees and expenses properly <br />associated with the foreclosure proceeding shall be added to the Principal Balance. Upon reinstatement <br />by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if <br />Lender had not required immediate payment in full. However, Lender is not required to permit <br />reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure <br />proceedings within two (2) years immediately preceding the commencement of a current foreclosure <br />proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) <br />reinstatement will adversely affect the priority of the Security Instrument. <br />13. Deferral Period Reinstatement. If a Deferral Period ceases or becomes unavailable because the <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, the 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 the 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 />Page 6 of 12 HECM Second Deed Of Trust-2015 <br />201706667 <br />
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