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202208198 10. Grounds for Acceleration of Debt. (a) Death. (i) Except as provided in Paragraph I 0(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 10(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. All other obligations of the Borrower under the Note, the Loan Agreement and this Security Instrument continue to be satisfied; and d. The Note is not eligible to be called due and payable for any other reason. 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. So long as all the conditions for deferral are met by an Eligible Non -Borrowing Spouse. Lender shall not be entitled to execute its power of sal or initiate foreclosure proceedings on the Property, and therefore, the statute of limitations under Neb. Rev. Stat 25-205(1) and 25-202, respectively, shall not begin to accrue. 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. - Except as provided below for Paragraph 10(C)(ii), Lender may require immediate payment in full of all sums secured by this Security Instrument, upon approval of the Commissioner, if: Page 5 of 16 HECM First Deed Of Trust -2017