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2019080'73 <br />15. Relationship to Second 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 a Second <br />Security Instrument on the Property. <br />(b) Relationship of First and Second Security Instruments. Payments made by the <br />Commissioner shall not be included in the debt under the Note unless: <br />(i) This Security Instrument is assigned to the Commissioner; or <br />(ii) The Commissioner accepts reimbursement by the Lender for all payments made by the <br />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, <br />shall be included in the debt under the 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 Note, or pay any rents and revenues of the <br />Property under Paragraph 23 to Lender or a receiver of the Property, until the Commissioner <br />has required payment -in -full of all outstanding principal and accrued interest under the <br />Second Note; or <br />(ii) Be obligated to pay interest or shared appreciation under the Note at any time, whether <br />accrued before or after the payments by the Commissioner, and whether or not accrued <br />interest has been included in the principal balance under the Note. <br />(d) No Duty of the Commissioner. The Commissioner has no duty to Lender to enforce <br />covenants of the Second Security Instrument or to take actions to preserve the value of the <br />Property, even though Lender may be unable to collect amounts owed under the Note because of <br />restrictions in this Paragraph 15. <br />Page 9 of 15 <br />HECM First Deed Of Trust -2017 <br />