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202208198 <br />(1) Notice to Commissioner and Eligible Non -Borrowing Spouse. Lender shall notify the <br />Commissioner and any Eligible Non -Borrowing Spouse whenever any event listed in Paragraph <br />10 (b) and (c) occurs during a Deferral Period. <br />(g) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the <br />requirements of the Commissioner, or conveyance of a trust's interests in the Property to a <br />Borrower, shall not be considered a conveyance for purposes of this Paragraph 10. A trust shall <br />not be considered an occupant or be considered as having a Principal Residence for purposes of <br />this Paragraph 10. <br />(h) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note <br />not be eligible for insurance under the National Housing Act within eight (8) months from the date <br />hereof, if permitted by applicable law Lender may, at its option, require immediate <br />payment -in -full of all sums secured by this Security Instrument. A written statement of any <br />authorized agent of the Commissioner dated subsequent to eight (8) months from the date hereof, <br />declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of <br />such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender <br />when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance <br />premium to the Commissioner. <br />11. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt <br />secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. <br />Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security <br />Instrument is foreclosed. If this Security Instrument is assigned to the Commissioner upon demand by <br />the Commissioner, Borrower shall not be liable for any difference between the mortgage insurance <br />benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower <br />at the time of the assignment. <br />12. Reinstatement. Subject to applicable law, Borrower has a right to be reinstated if Lender has <br />required immediate payment in full. This right applies even after foreclosure proceedings are instituted. <br />To reinstate this Security Instrument, Borrower shall correct the condition which resulted in the <br />requirement for immediate payment in full. Foreclosure costs and reasonable and customary attorney's <br />and trustee's fees as allowed by law, and expenses properly associated with the foreclosure proceeding <br />shall be added to the Principal Balance. Upon reinstatement by Borrower, this Security Instrument and <br />the obligations that it secures shall remain in effect as if Lender had not required immediate payment in <br />full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement <br />after the commencement of foreclosure proceedings within two (2) years immediately preceding the <br />commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on <br />different grounds in the future, or (iii) reinstatement will adversely affect the priority of this Security <br />Instrument. <br />13. Deferral Period Reinstatement. If a Deferral Period ceases or becomes unavailable because a <br />Non -Borrowing Spouse no longer satisfies the Qualifying Attributes for a Deferral Period and has <br />become an Ineligible Non -Borrowing Spouse, neither the Deferral Period nor this Security Instrument <br />may be reinstated. In the event a Deferral Period ceases because an obligation of the Note, the Loan <br />Agreement, or this Security Instrument has not been met or the Note has become eligible to be called <br />due and payable and is in default for a reason other than death, an Eligible Non -Borrowing Spouse may <br />have a Deferral Period and this Security Instrument reinstated provided that the condition which resulted <br />in the Deferral Period ceasing is corrected within thirty (30) days. A Lender may require the Eligible <br />Non -Borrowing Spouse to pay for foreclosure costs and reasonable and customary attorney's fees and <br />Page 7 of 16 <br />HECM First Deed Of Trust -2017 <br />