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200703612 proceeding shall be added to the principal balance. Upon reinstatement by Borrowcr, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. Howevcr, Lcndcr is not required to permit reinstatement if: (i) Lender has acccptcd reinstatement after the commcnccmcnt of foreclosure proceedings within two years immediately preccding the commencement of a current foreclosure proceeding, (ii) reinstatcmcnt will prcclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the Security Instrument. 12. Lien Status. (a) Modification. Borrower agrees to extcnd this Sccurity Instrument in accordance with this Paragraph 12(a). If Lender determines that the original lien status of the Security Instrumcnt is jcopardizcd under state law (including but not limited to situations where the amount secured by the Security Instrument equals or exceeds the maximum principal amount stated or the maximum period under which loan advances retain the same lien priority initially granted to loan advances has expired) and state law permits the original lien status to be maintained for future loan advances through the execution and rccordation of one or more documents, then Lender shall obtain title evidence at Borrower's expense. If the title evidence indicates that the Property is not encumbered by any liens (except this Security Instrument, the Second Security Instrumcnt describcd in Paragraph 13(a) and any subordinatc Iicns that thc Lcndcr determines will also be subordinate to any future loan advances), Lender shall request the Borrower to execute any documents necessary to protect the lien status of future loan advances. Borrower agrees to execute such documents. If state law does not permit the original lien status to be extended to future loan advances, Borrower will bc deemed to have failed to havc performed an obligation under this Security Instrument. (b) Tax Deferral Programs. Borrower shall not participate in a real cstatc tax deferral program, if any liens created by the tax deferral are not subordinate to this Security Instrument. (c) Prior Liens. Borrower shall promptly discharge any lien which has priority over this Sccurity Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operatc to prcvent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to all amounts secured by this Security Instrument. If Lendcr dctcrmincs that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may givc Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 13. Relationship to Second Security Instrument. (a) Second Security Instrument. In order to secure payments which the Secretary may make to or on behalf of Borrowcr pursuant to Section 255(i)(1 )(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to execute a Sccond Note and a Second Security Instrument on the Property. (b) Relationship of First and Second Security Instruments. Paymcnts madc by the Secretary shall not be included in the debt under the Note unless: (i) This Security Instrument is assigned to the Secrctary; or (ii) Thc Secretary accepts rcimburscmcnt by the Lender for all payments madc by thc Sccretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the payments, but excluding latc chargcs paid by the Secretary, shall be included in the debt under the Note. (c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or (ij) and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under the Note, or pay any rents and revenues of the Property under Paragraph 19 to Lcndcr or a receiver of the Property, until the Secretary has required payment in full of all outstanding principal and accrued interest under the Second Note; or (ii) Be obligated to pay interest or shared apprcciation undcr the Note at any time, whether accrued before or after the payments by thc Sccrctary, and whether or not accrued interest has been included in the principal balance under the Note. 05XA : 02/02 Page 5 JJfrv1~