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201109223 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 recordation of one or more documents,then Lender shall obtain ticle evidence at 6orrower's expense. [1'the title evidence indicates that the Property is not 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 will aiso be subordinate to any future loan advances),Lender shall request the Borrower to cxecute any documents necessary to protect the priority of the lien status of fulure loan advances. Borrower agrees to execute such documents. [F state law does not permit the original lien status to be extended to future loan advances.I3orro��er�vill be dcemed to have failed to have performed an obligation under lhis Security [nstrument. (b) Tax Deferral Programs. Borro�.ver shali not participate in a rcal estate tax deierral program, iPan}� 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 Security lnstrument unless Borrower: (a)agrees in writing to the payment of the obligation sccured by the liei� in a mai�ner acceptable to Lende�; (b)contests in good faith the lien by.or de[ends against enl-orcement ot'the lien in, legal proceedings which in the Lender's opinion operate to prevent thc cnforcement of the lien or forfeiture oi�any part ofi the Property;or(c)secures ti•om the holder of the lien an agreement satisfactoiy to Lender subordinating the lien to all amounts secured by this Security Instrument. If Lender determines that any part of the Property is subiect to a lien which may aCCain priority over lhis Security li�stirumei�t, Lender may give [3orrower a notice identifying the lien. Borrower shall satisty the liei�or take one or more of the actions set forth above within ten (10)days of the giving of notice. � 13. Relationship to First Security Instrument. (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 Loan Agreement, the Secretary has required Borrower to execute a Second Note and this Second Security Instrument. Borrower also has executed a�irst Note and �irst Security Instrument. (b) Relationship of�'irst and Second Security Instruments. Payi��erits �nade by the Secretaty shall not be included in the debt under the I;iist Note unless: � (i) The I�irst Security Instrument is assigned to the Secretaiy;or (ii) 1'he Secretary accepts reimbursement by the holder of the First Note for 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 buti escluding late charges paid by the Secretary, shal] be included in the debt undr r the First Note. (c) Effect on Borrower. Where there is no assignment or reiii�bursement as described in (b)(i)or(ii)and the Secretary makes payments to Qorrower,then [3orrower 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 Pirst Note or a receiver of the Property, until thc Secretaty 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 appreciation under the First Note at any time, whether accrued bef'ore or atter the payments by the Secretary,and�o�hether or not accrued interest has been included in the principal balance under the}'irst Note. (d) No Duty of the Secretary. The Secretaiy has no duty to the holder of the First Note to enlorce covenai�ts Neb�•aslcci 2°��Sec¢u•rry lnslrzmzent �O' Bay Docs.lne.06/10 ' Pnge 5