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Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of <br />the actions set forth above within ten (10) days of the giving of notice. <br />(b) Relationship of First and Second Security Instruments. Payments made by the <br />Commissioner shall not be included in the debt under the First Note unless: <br />20180315'7 <br />15. Relationship to First Security Instrument. <br />(a) Second Security Instrument. In order to secure payments which the Commissioner may make <br />to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the <br />Loan Agreement, the Commissioner has required Borrower to execute a Second Note and this <br />Second Security Instrument. Borrower also has executed a First Note and First Security <br />Instrument. <br />(i) The First Security Instrument is assigned to the Commissioner; or <br />(ii) The Commissioner accepts reimbursement by the holder of the First Note for all payments <br />made by the Commissioner. <br />If the circumstances described in (i) or (ii) occur, then all payments by the Commissioner, <br />including interest on the payments but excluding late charges paid by the Commissioner, shall <br />be included in the debt under the First Note. <br />(c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or <br />(ii) and the Commissioner makes payments to Borrower, then Borrower shall not: <br />(i) Be required to pay amounts owed under the First Note, or pay any rents and revenues of the <br />Property under Paragraph 24 to the holder of the First Note or a receiver of the Property, until <br />the Commissioner has required payment -in -full of all outstanding principal and accrued <br />interest under the Second Note; or <br />(ii) Be obligated to pay interest or shared appreciation under the First Note at any time, <br />whether accrued before or after the payments by the Commissioner, and whether or not <br />accrued interest has been included in the Principal Balance under the First Note. <br />(d) No Duty of the Commissioner. The Commissioner has no duty to the holder of the First Note <br />to enforce covenants of the Second Security Instrument or to take actions to preserve the value of <br />the Property, even though the holder of the First Note may be unable to collect amounts owed <br />under the First Note because of restrictions in this Paragraph 15. <br />16. Restrictions on Enforcement. Notwithstanding anything else in this Security Instrument, the <br />Borrower shall not be obligated to comply with the covenants hereof, and Paragraph 24 shall have no <br />force and effect, whenever there is no outstanding balance under the Second Note. <br />17. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or <br />remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />18. Successors and Assigns Bound; Joint and Several Liability. Borrower may not assign any rights <br />or obligations under this Security Instrument or the Second Note, except to a trust that meets the <br />requirements of the Commissioner. Borrower's covenants and agreements shall be joint and several. <br />Page 9 of 15 HECM Second Deed Of Trust- -2017 <br />