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�os�oo�s3 <br />(including but not limited to situations where the amount securcd by the Security Instrument equals or exceeds <br />the maximum principal amount stated or the maximum period under which laan advances retain the same lien <br />prioricy inicially granted to loan advances has expircd) and statc law permits the original lien status ta bc <br />maintained for futurc loan advances through the executioii and recordation of onc or more documents, then <br />Lender shall obtain title evidence at Borrawcr's expc;•nsc, If the title evidence indicates that the Praperty is nat <br />encumbere�l by any liens (execpt this Security Instrument, the Second Security Instrument described 'ui <br />Paragraph 13(a) and any subordinate liens that thc Lender deternunes will also be subordinate tn any future <br />laan advanecs), Le�ider shall request the Borrower to execute any documents necessary to protect the priority <br />of the lien status of futurc loan advances. Borrower agrees to execute such documcnts. If state law does not <br />permit the original lien status to be extended to futirre loan advances, Borrower will be deemcd to have failed <br />to have performed an obligation under this Security Instrument. <br />(b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any licns <br />created by the tax deferral are iiot subordinate to this Security Ittstrumc.'nt. <br />(c) Prior Liens. Borrower shall promptly discharge any lien which has priority over this Security Instrument <br />unless Borrower: (a) a�rees in writing to the payment of the obligation secured by the lien in a manner <br />acceptable to Lender; (b) contests in good faith the licn by, or defends against enforcement nf the licn in, lcgal <br />procecdings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any <br />part of the Property; or (c) secures from the holder of tk�e lien an agreement satisfactory to Lender <br />subordinating the lien to all ampunts secured by this Security Instrument. If Lendcr dc,�termines that any part <br />pf thc Property is subject to a lien which nnay attain priority over this Security Instrument, Lender may givc <br />Borrower a noticc idcntifying the lien. Borrower shall satisfy the lien or take one or more of the actions set <br />fnrth abovc within ten (10) days of the giving of notice. <br />13. Relationship to Second Seeurity instrument. <br />(a) Second Security Instrument. In order tn secure payments which the Secretary may make to or on bchalf of <br />Borrower pursuant to Seccion 255(i)(1)(A) of the National Housing Act and the Loan Agreement, the <br />Secretary has requircd Borrower to execute a Second Note and a Second Security Instrument on the Property. <br />(b) Relationship of FYrst and Second Security Instruments. Payments made by the Secretary shall not be <br />included in the debt under the Note unless: <br />(i) This Security Instrument is assi�med to the Secretary; or <br />(ii) The Secretary acccpts reimbursement by the Lender for all payments made by the <br />5ecretary. <br />If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the <br />paymcnts, but excluding late charges paid by the Secretary, shall be included in the debt under the Nptc. <br />(c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or (ii) and the <br />Secretary makes payments to Borrowcr, thc�n Borrower shall not: <br />(i) Be required ta pay amounts owed under the Note, or pay any rc•nts and reve�iues of the <br />Property under Para�'aph 19 to Lender or a receiver of the Property, until thc Sceretary has <br />required payment in full of all outstanding principal and accrued interest under the Second <br />Note; or <br />(ii) Be obligated to pay intcrest or shared appreciation under the Note at any timc, whcth��r <br />accrued before or after the payments by thc Secretary, and whether or not accrued interest <br />has been included in the principal balance under the Nate. <br />(d) No Duty of the Secretary. The Secretary has no duty to Lendcr to cnforce covenants of the Second Security <br />Nebraska 1" DeeJ ofTrust (Fixcd) <br />