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202208199
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Last modified
11/23/2022 3:34:53 PM
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11/23/2022 3:34:52 PM
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DEEDS
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202208199
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202208199 <br />(c) Prior Liens. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument <br />unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a <br />manner acceptable to Lender; (b) contests in good faith the lien by, or defends against <br />enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent <br />the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the <br />holder of the lien an agreement satisfactory to Lender subordinating the lien to all amounts <br />secured by this Security Instrument. If Lender determines that any part of the Property is <br />subject to a lien which may attain priority over this Security Instrument, Lender may give <br />Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of <br />the actions set forth above within ten (10) days of the giving of notice. <br />15. Relationship to First Security Instrument. <br />(a) Second Security Instrument. In order to secure payments which the Commissioner may make <br />to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the <br />Loan Agreement, the Commissioner has required Borrower to execute a Second Note and this <br />Second Security Instrument. Borrower also has executed a First Note and First Security <br />Instrument. <br />(b) Relationship of First and Second Security Instruments. Payments made by the <br />Commissioner shall not be included in the debt under the First Note unless: <br />(i) The First Security Instrument is assigned to the Commissioner; or <br />(ii) The Commissioner accepts reimbursement by the holder of the First Note for all payments <br />made by the Commissioner. <br />If the circumstances described in (i) or (ii) occur, then all payments by the Commissioner, <br />including interest on the payments but excluding late charges paid by the Commissioner, shall <br />be included in the debt under the First Note. <br />(c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or <br />(ii) and the Commissioner makes payments to Borrower, then Borrower shall not: <br />(i) Be required to pay amounts owed under the First Note, or pay any rents and revenues of the <br />Property under Paragraph 24 to the holder of the First Note or a receiver of the Property, until <br />the Commissioner has required payment -in -full of all outstanding principal and accrued <br />interest under the Second Note; or <br />(ii) Be obligated to pay interest or shared appreciation under the First Note at any time, <br />whether accrued before or after the payments by the Commissioner, and whether or not <br />accrued interest has been included in the Principal Balance under the First Note. <br />(d) No Duty of the Commissioner. The Commissioner has no duty to the holder of the First Note <br />to enforce covenants of the Second Security Instrument or to take actions to preserve the value of <br />the Property, even though the holder of the First Note may be unable to collect amounts owed <br />under the First Note because of restrictions in this Paragraph 15. <br />Page 9 of 15 HECM Second Deed Of Trust --2017 <br />
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