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~oiooss~ <br />reasonable and customary attorneys' fees and expenses properly associated with the foreclosure <br />proceeding shall be added to the principal balance. Upon reinstatement by Borrower, this Security <br />Instrument and the obligations that it secures shall remain in effect as if Lender had not required <br />immediate payment in full. Wowever, Lender is not required to permit reinstatement if: (i) Lender <br />has accepted reinstatement after the commencement of forecbsure proceedings within two years <br />immediately preceding the commencement of a current forecbsure proceeding, (ii) reinstatement <br />will preclude foreclosure on different grounds in the future, or (iii) reinstatement wdl adversely affect <br />the priority of the Security Instrument. <br />12. Lien Status. <br />(a) Modification. Borrower agrees to extend this Security Instrument in accordance with this <br />PParagraph 12(a). If Lender determines that the original lien status of the Security Instrument <br />is jeopardized under state law (including but not limited to situations where the amount <br />secured by the Securi Instrument equals or exceeds the maximum principal amount stated <br />or the maximum peri under which loan advances retain the same lien pnonty initially <br />granted to loan advances has expired) and state law permits the ordinal lien status to be <br />maintained for future loan advances through the execution and recordation of one or more <br />documents, then Lender shall obtain title evidence at Borrower's expense. If the title <br />evidence indicates that the Property is not encumbered b any liens (except this Security <br />Instnament, the Second Security Instrument described in Paragraph 13(a) and any <br />subordinate liens that the Lender determines will also be subordinate to any future <br />loan advances), Lender shall request the Borrower to execute any documents necessary to <br />protect the lien s#atus of future loan advances. Borrower agrees to execute such <br />documents. If state law does not permit the on'gfinal lien status to be extended to future loan <br />advances, Borrower will be deemed to have failed to have performed an obligation under <br />this Secur~~ty Instrument. <br />(b) Tax Deferral Programs.Borrower shall not participate in a real estate tax deferral <br />~rogram, if any liens created by the tax deferral are not subordinate to this Security <br />nstrument. <br />(c) PriorLiens. Borrower shall promptly discharge any lien which has priority over this <br />Security Instrument unless Borrower: (a) agrees in writ) to the payment of the obligation <br />secured by the lien in a manner acceptable to Lender; (b~ contests in goad faith the lien by, <br />or defends against enforcement of the lien in, legal prot:eeditx,)s which in the Lender's <br />opinion operate to prevent the enforcement of the lien or forfeiture of any part of the <br />Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender <br />subordinating the lien to all amounts secured by this Security Instrument. If Lender <br />determines that any part of the Property is subject to a lien which may attain priority over <br />this Security Instrument, Lender may glue Borrower a notice identifying the lien. Borrower <br />shall satisfy the lien or take one or more of the actions set forth above within 1 Q days of <br />the giving of notice. <br />13. Relationshipta Second Security Instrument. <br />(a) Second Security Instrument. In order to secure yments which the Secretary may make <br />to or on behalf of Borrower pursuant to Section 255(i~1)(A) of the National Housing Act <br />and the Loan Agreement, the Secretary has required orrower to execute a Second Note <br />and a Second Security Instrument on the Property. <br />(b) Relationshipof FirstandSecondSecuritylnstrumonts.Payments made by the Secretary <br />shall not be included in the debt under the Note unless: <br />I) This Security Instrument is assigned to the Secretary; or <br />~i) The Secretary accepts reimbursement 6y the Lender far alt payments made by the <br />ecretary. <br />If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, <br />including interest on the payments, but excluding late charges paid by the Secretary, shall <br />be included in the debt under the Note. <br />c Effect on Borrower. Where there is no assignment or reimbursement as described in <br />~b;(i) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: <br />(i) Be required to pa amounts owed under the Note, or pa any rents and revenues of <br />the Property under Paragraph 19 to Lender or a receiver of the Property, until the <br />Secretary has required payment to full of all outstanding principal and accrued interest <br />under the Second Note; or <br />First American Loan Production Services Nebraska HECM Security Instrument <br />© 20D8 First American Real Estate Solutions LLC <br />FALPS # UBO4 : o5/Q8 Page 5 <br />NMFL ~88o7NE (QFNE) <br />