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201005159 the same lien priority initially granted to ban advances has expired) and state taw permits the original lien status tia be rr-airrtained for future loan advances through the execution and recordation of one or more documents, then Lender shalt obtain title evidence 8t Bornower's expense. If the title evktence indicates that the Properly is rat' encumbered by any liens (except the First Security Instrument described in Paragraph 13(a), this Second Security Instrument and any subordinate liens that the Lender determines wdl afsv be subordinate to any future loan advances), Lender shall request the tarrower tv execute any documerrts necessary to protect the lien status of future loan advarces. Borrower agrees to execute such documents. If state law does net permit the original lien status tD be extended to future Ivan advances, Bamower will be deemed to have faded to have performed an obligation under this Security Instrument. (b) Tax Deferral Programs. Borrower shall not participate in a teat estate tax deferral program, if arty liens created by the tax deferral are not subarclinate to this Security Instrumer-t. (c) Prier Liens. Borrgwer shat! promptly discharge any lien which has priority aver this Security instrument unless Borrower_ (a) agrees in writing to the payment of the ablation secured by the lien in a manner acceptable th Lender, (b) contests in goad faith the lien by, or defends against enfar~cement of the lien in, legal proceedings which in the Lender's opinion pperate to prevent the enfar+cement of the Iles or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfaclary to Lender subordinating the Ifen to all amounts secured by this Security Instrument. If Lender determines that any part of the Properly is subject to a lien which may attain prixr~ty aver this Security Instrument, Lender may give Harrower a notice identifying the lien. 9orrower shall satisfy the lien ar take one or mare of the actions set forth above within 10 days of the giving of notice. 13. Relatianshlpta First Security Instrument. (a) Second Security Instrument. In order to secure payments which the Secretary may make b or on behalf of 8arrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Harrower to execute a Second Note and this Second Security instrument. Harrower also has executed a First Nate and First Security Instrument. (b) t7efatianship of First and Second Security Instruments. Payments made by the Secretary shall not be included in the debt under the First Note unless: (i) The First Security Instrument is assigned to the Secretary; ar (ii) The Secretary accepts reimbursement by the holder of the First Note far all payments made by the Secretary. If the circumstances described in (i) ar (ii) occur. then all payments by the Secretary, including interest an the payments, but excluding late charges paid by the Secretary, shall be included in the debt under the First Nate. (c~ Effect an Borrower. Where thane Is no assignment ar reimbursement as described in (b (i) or (ii) and the Secretary makes payments to Bonnv--er, #hen Harrower shall not: (i) Be required to pay amcunts owed under the First Nate, or pay any rents and revenues of the Property under Paragraph 19 1a the holder of the First Nato or a receiver of the Property, until the Secretary has required payment in full of ail outstanding principal and accrued interest under the Second Nate; or (ii) Be ablgated to pay interest ar shared appreciation under the First Note at any time, whether accrued before ar after the payments by ttte Secretary, and whether ar not arcnaed interest has been induded in the prindpal balance under the First No#e. (d) No Duly of the Secretary. The Secretary has no duty to the holder of the First Nate to enforce covenants of the Second Security Instrument ar th lake actions to preserve the value of the Property, even though the holder of the f=irst Nate may be unable 1Na collect amounts owed under the First Nate because of restrictions in this Paregraph 13. (e) Rer3lrictlonson Enforcement.Notwithstanding anything else in this Security ifnstrument, the Borrower shall not be obligated to comply wrth the covenants hereof, and Paragraph 19 shall have no force aril effect, whenever there is na outstanding balance under the Second Note. id. For~aranceby LenderNot a Waiver. Any forbearance by Lender in exercising any right ar remedy shall rat be a waiver of or predude the exercise of any right or remedy. First gnradoan Loan Produetlon 8arviar: Na6raraka HELM Slrvard Securigr Ins4urnwri A2008 FlrtlhrnariCln Red Esuta 6olupons LLC FpLPSM lJgf2. DAA6 NMFL A~bp6NE Oae Id' 40NE Paps 3