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202208199 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 Second 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 sale 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: (i) The Property ceases to be the Principal Residence of a Borrower for reasons other than death and the Property is not the Principal Residence of at least one other Borrower; or (ii) For a period of longer than twelve (12) consecutive months, a Borrower fails to occupy the Property because of physical or mental illness and the Property is not the Principal Residence of at least one other Borrower or Eligible Non -Borrowing Spouse ; or (iii) An obligation of the Borrower under this Security Instrument is not performed. A deferral of due and payable status is not permitted when a Lender requires immediate payment in full under this Paragraph 10(C), except Lender shall defer the Due and Payable requirement under Paragraph 10(C)(ii) above for any period of time ("Deferral Period") during which a Non -Borrowing Spouse identified in Paragraph 9 qualifies as an Eligible Non -Borrowing Spouse and certifies all of the conditions in Paragraph 10(A)(ii) are, and continue to be, met. Such Deferral Period, if any, under sub -Paragraph 10(C)(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 under sub -Paragraph 10(A)(ii) cease to be met, such a deferral shall immediately cease and the Note will become immediately due and payable. (d) Notice and Certification to Lender. Borrower shall complete and provide to the Lender on an annual basis a certification, in a form prescribed by the Lender, stating whether the Property remains the Borrower's Principal Residence and, if applicable, the Principal Residence of his or her Non -Borrowing Spouse. Where a Borrower has identified a Non -Borrowing Spouse in Paragraph 9 and the identified Non -Borrowing Spouse qualifies as an Eligible Non -Borrowing Page 6 of 15 HECM Second Deed Of Trust -2017