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201908073 <br />16. 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 />17. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not <br />assign any rights or obligations under this Security Instrument or under the Note, except to a trust that <br />meets the requirements of the Commissioner. Borrower's covenants and agreements shall be joint and <br />several. <br />Notwithstanding anything to the contrary herein, upon the death of the last surviving Borrower, the <br />Borrower's successors and assigns will be bound to perform Borrower's obligations under this Security <br />Instrument. <br />18. Notices. Any notice to Borrower or Trustor provided for in this Security Instrument shall be given by <br />delivering it or by mailing it by first class mail unless applicable law requires use of another method. <br />The notice shall be directed to the Property Address or any other address all Borrowers jointly designate. <br />Notices to Trustor shall be given at the address provided by Trustor to Lender. Any notice to Lender <br />shall be given by first class mail to Lender's address stated herein or any address Lender designates by <br />notice to Borrower. Any notice to a Non -Borrowing Spouse provided for in this Security Instrument <br />shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of <br />another method. The notice shall be directed to the Property Address. Any notice provided for in this <br />Security Instrument shall be deemed to have been given to Borrower, Lender, Trustor or Non -Borrowing <br />Spouse when given as provided in this Paragraph 18. <br />19. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the <br />law of the jurisdiction in which the Property is located. In the event that any provision or clause of this <br />Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other <br />provisions of this Security Instrument or the Note which can be given effect without the conflicting <br />provision. To this end the provisions of this Security Instrument and the Note are declared to be <br />severable. <br />20. Borrower's and Trustor's Copy. Borrower shall be given one conformed copy of the Note and this <br />Security Instrument, and Trustor shall be given one conformed copy of this Security Instrument. <br />21. Third -Party Beneficiary. Except as set forth in Paragraph 10(a)(ii) and only for an Eligible <br />Non -Borrowing Spouse, this Security Instrument does not and is not intended to confer any rights or <br />remedies upon any person other than the parties. Borrower agrees that it is not a third -party beneficiary <br />to the Contract of Insurance between HUD and Lender. <br />22. Capitalized Terms. Capitalized terms not defined in this Security Instrument shall have the <br />meanings ascribed to them in the Loan Agreement. <br />NON-UNIFORM COVENANTS. Borrower, Trustor and Lender covenant and agree as follows: <br />Page 10 of 15 <br />HECM First Deed Of Trust -2017 <br />