Laserfiche WebLink
202208199 <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 the 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 the 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 />expenses properly associated with the foreclosure proceeding, such costs may not be added to the <br />Principal Balance. Upon reinstatement by an Eligible Non -Borrowing Spouse, the Deferral Period and <br />this Security Instrument and the obligations that it secures shall remain in effect as if the Deferral Period <br />had not ceased and the Lender had not required immediate payment in full. However, Lender is not <br />required to permit reinstatement if: (i) the Lender has accepted a reinstatement of either the Deferral <br />Period or this Security Instrument within the past two (2) years immediately preceding the current <br />notification to the Eligible Non -Borrowing Spouse that the mortgage is due and payable; (ii) <br />reinstatement of either the Deferral Period or this Security Instrument will preclude foreclosure in the <br />future, or (iii) reinstatement of either the Deferral Period or Security Instrument will adversely affect the <br />priority of this Security Instrument. <br />14. Lien Status. <br />(a) Modification. <br />Borrower and Trustor agree to extend this Security Instrument in accordance with this <br />Paragraph 14(a). If Lender determines that the original lien status of this Security Instrument is <br />jeopardized under state law (including but not limited to situations where the amount secured <br />by this Security Instrument equals or exceeds the maximum principal amount stated to be <br />secured by the lien of this Security Instrument or the maximum period under which loan <br />advances retain the same lien priority initially granted to loan advances has expired) and state <br />law permits the original lien status to be maintained for future loan advances through the <br />execution and recordation of one or more documents, then Lender shall obtain title evidence at <br />Borrower's expense. If the title evidence indicates that the Property is not encumbered by any <br />liens (except the First Security Instrument described in Paragraph 15(a), this Second Security <br />Instrument and any subordinate liens that the Lender determines will also be subordinate to <br />any future loan advances), Lender shall request the Borrower and Trustor to execute any <br />documents necessary to protect the lien status of future loan advances. Borrower and Trustor <br />agree to execute such documents. If state law does not permit the original lien status to be <br />extended to future loan advances, Borrower will be deemed to have failed to have performed <br />an obligation under this Security Instrument. <br />(b) Tax Deferral Programs. <br />Borrower shall not participate in a real estate tax deferral program, if any liens created by the <br />tax deferral are not subordinate to this Security Instrument. <br />Page 8 of 15 HECM Second Deed Of Trust --2017 <br />