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202208198
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Last modified
11/23/2022 3:34:34 PM
Creation date
11/23/2022 3:34:33 PM
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DEEDS
Inst Number
202208198
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202208198 <br />(i) The Property ceases to be the Principal Residence of a Borrower for reasons other than <br />death and the Property is not the Principal Residence of at least one other Borrower; or <br />(ii) For a period of longer than twelve (12) consecutive months, a Borrower fails to occupy the <br />Property because of physical or mental illness and the Property is not the Principal Residence <br />of at least one other Borrower or Eligible Non -Borrowing Spouse ; or <br />(iii) An obligation of the Borrower under this Security Instrument is not performed. <br />A deferral of due and payable status is not permitted when a Lender requires immediate <br />payment in full under this Paragraph 10(C), except Lender shall defer the Due and Payable <br />requirement under Paragraph 10(C)(ii) above for any period of time ("Deferral Period") during <br />which a Non -Borrowing Spouse identified in Paragraph 9 qualifies as an Eligible <br />Non -Borrowing Spouse and certifies all of the conditions in Paragraph 10(A)(ii) are, and <br />continue to be, met. Such Deferral Period, if any, under sub -Paragraph 10(C)(ii) is <br />inapplicable or null and void if an Eligible Non -Borrowing Spouse is or becomes an Ineligible <br />Non -Borrowing Spouse at any time. Further, during a deferral of the due and payable status, <br />should any of the conditions for deferral under sub -Paragraph 10(A)(ii) cease to be met, such a <br />deferral shall immediately cease and the Note will become immediately due and payable. <br />(d) Notice and Certification to Lender. Borrower shall complete and provide to the Lender on an <br />annual basis a certification, in a form prescribed by the Lender, stating whether the Property <br />remains the Borrower's Principal Residence and, if applicable, the Principal Residence of his or her <br />Non -Borrowing Spouse. Where a Borrower has identified a Non -Borrowing Spouse in Paragraph <br />9 and the identified Non -Borrowing Spouse qualifies as an Eligible Non -Borrowing Spouse, the <br />Borrower shall also complete and provide to the Lender on an annual basis an Eligible <br />Non -Borrowing Spouse certification, in a form prescribed by the Lender, certifying that all <br />requirements for the application of a Deferral Period continue to apply and continue to be met. <br />During a Deferral Period, the annual Principal Residence certification must continue to be <br />completed and provided to the Lender by the Eligible Non -Borrowing Spouse. The Borrower shall <br />also notify Lender whenever any of the events listed in Paragraph 10 (b) and (c) occur. <br />(e) Notice to Commissioner and Borrower. Lender shall notify the Commissioner and Borrower <br />whenever the loan becomes due and payable under Paragraph 10 (b) and (c). Lender shall not have <br />the right to commence foreclosure until Borrower has had thirty (30) days after notice to either: <br />(i) Correct the matter which resulted in the Security Instrument coming due and payable; or <br />(ii) Pay the balance in full; or <br />(iii) Sell the Property for the lesser of the balance or ninety-five percent (95%) of the <br />appraised value and apply the net proceeds of the sale toward the balance; or <br />(iv) Provide the Lender with a deed -in -lieu of foreclosure. <br />Page 6 of 16 <br />HECM First Deed Of Trust -2017 <br />
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