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~oioo52~g from the holder of the lien an agreement satisfactory tp Lender subordinating the lien to all amounts secured by this Security Instrument. if Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the Ilan. 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 First Security Instrum®nt. (a) Second Security instrument. In order to secure. payments which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Lin Agreement, the Secretary has required Borrower to execute a Second Note and this Second Security Instrument. Borrower also has executed a First Note and First Security Instrument. (b) Relationship 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 Seaarity Instrument is assigned to the Secretary; or (iq The Secretary accepts reimbursement by the holder of the First Note far all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on 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 there is no assignment or reimbursement as described in (bxi) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: (i} Be required to pay amounts owed under the First Note. or pay any rents and revenues of the Property under Paragraph 19 to the holder of the First Note or a receiver of the Properly, until the Secretary has required payment-in~irll of all outstanding prindpal and accrued interest under the Second Nots; or (ii) Be obligated to pay interest or shared appreciation under the First Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the prindpal balance under the First Note. (d) No Duty of the Secretary. The Secretary has no duty to the hdder of the First Note to enforce covenants of the Second Searrity Instrument or to take actions tD preserve the value of the Property, even though the hdder of the First Nate may be unable to collect amounts owed under the First Note because oi` restrictions in this Paragraph 13. (e) Restrictions on Enforcement. Notwithstanding anything else in this Security Instrument, the Borrower shall not be obligated io comply with the covenants hereof, and Paragraph 19 shall have na force and effect, whenever there is no outstanding balance under the Second Note. 14. Farbesrance by Lender Not a Waiver. Any forbearance by Lender in exercising any right ar remedy shall not be a waiver of or preclude the exercise of any right or remedy. 111111 II III I III it I I I I I~~ qo ~ o Mortgage Cadence, Ina. m D27g (D7~ (ti 4t 9) Netxaska Second Dead of Trust - HECM FIXED RATE