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201908073 10. Grounds for Acceleration of Debt. (a) Due and Payable - Death. (i) Except as provided in Paragraph 10(a)(ii), Lender may require immediate payment in full of all sums secured by this Security Instrument if a Borrower dies and the Property is not the Principal Residence of at least one surviving Borrower. (ii) Lender shall defer the due and payable requirement under Paragraph 1 0(a)(i) above for any period of time ("Deferral Period") in which a Non -Borrowing Spouse identified in Paragraph 9 qualifies as an Eligible Non -Borrowing Spouse and certifies all of the following conditions are, and continue to be, met: a. Such Eligible Non -Borrowing Spouse remained the spouse of the identified Borrower for the duration of such Borrower's lifetime; b. Such Eligible Non -Borrowing Spouse has occupied, and continues to occupy, the Property as [his/her] Principal Residence; c. Such Eligible Non -Borrowing Spouse has established legal ownership or other ongoing legal right to remain in the Property; d. All other obligations of the Borrower under the Note, the Loan Agreement and this Security Instrument continue to be satisfied; e. The Note is not eligible to be called due and payable for any other reason; and f. If requested by Lender, such Eligible Non -Borrowing Spouse, and the Borrower's successors and assigns and Trustor, if different, sign an enforceable agreement suspending the statute of limitations applicable to the enforcement of a real property lien and any other document(s) Lender deems necessary to preserve (I) the priority of Lender's lien on the Property, (II) Lender's right to foreclose the security interest in the Property, and (III) Lender's right to exercise its default remedies available under this Security Instrument and the Note. This sub paragraph (ii) is inapplicable or null and void if an Eligible Non -Borrowing Spouse is or becomes an Ineligible Non -Borrowing Spouse at any time. Further, during a deferral of the due and payable status, should any of the conditions for deferral cease to be met, such a deferral shall immediately cease and the Note will become immediately due and payable in accordance with the provisions of Paragraph 7(A)(i) of the Note. (b) Due and Payable - Sale. Lender may require immediate payment in full of all sums secured by this Security Instrument if all of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the Property). A deferral of due and payable status is not permitted when a Lender requires immediate payment in full under this Paragraph. (c) Due and Payable with Commissioner Approval. - Lender may require immediate payment in full of all sums secured by this Security Instrument, upon approval of the Commissioner, if: Page 5 of 15 HECM First Deed Of Trust -2017