Reverse Mortgage Agreement

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Reverse Mortgage Agreement Powered By Docstoc
					Reverse Mortgage
Agreement
This Reverse Mortgage Agreement is between a borrower and lender that will execute a
separate promissory note along with this agreement. Customize the information of the
parties, reporting procedures, the borrower’s rights, the lender’s obligations, and much
more. This agreement can be used by homeowners that want to cash in on the equity
on their home. In addition, this agreement can also be used by lenders that want to
provide borrowers with a thorough agreement on their reverse mortgage.
                            REVERSE MORTGAGE AGREEMENT

THIS REVERSE MORTGAGE AGREEMENT (hereinafter referred to as the “Security
Instrument”) is given on _______________________ [Instructions: Insert the date of this
agreement] by and between _______________________ [Instructions: Insert the Borrower’s
name] of _________________________________ [Instructions: Insert the Borrower’s
address] (hereinafter referred to as the “Borrower”) and _______________________
[Instructions: Insert the Lender’s name] of _______________________ [Instructions: Insert
the Lender’s address] (hereinafter referred to as the “Lender”).

                                                     RECITALS

WHEREAS, Borrower has agreed to repay to Lender amounts which Lender is obligated to
advance, including future advances, under the terms of a Loan Agreement dated the same date as
this Security Instrument; and

WHEREAS, the Agreement to repay is evidenced by Borrower’s Promissory Note (hereinafter
referred to as the “Note”) dated the same date as this Security Instrument; and

WHEREAS, this Security Instrument secures to Lender: the repayment of the debt evidenced by
the Note, with interest, and all renewals, extensions, and modifications; the payment of all other
sums, with interest, advanced under Section 5 to protect the security of this Security Instrument
or otherwise due under the terms of this Security Instrument; and the performance of Borrower's
covenants and agreements under this Security Instrument and the Note;

NOW, THEREFORE, for and in consideration of the mutual covenants contained in this
Agreement, and other good and valuable consideration, the parties agree as follows:

Borrower does hereby mortgage, grant, and convey to Lender, the real property described in
Exhibit A attached hereto and made a part hereof; together with all the improvements now or to
be erected on the real property, and all easements, rights, appurtenances, rents, royalties,
minerals, oil and gas rights and profits, water rights, and stock and all fixtures now or to become
a part of the real property. All replacements and additions shall also be covered by this Security
Instrument (hereinafter referred to as the “Property”).

Borrower covenants that Borrower is lawfully seized of the estate conveyed by this Security
Instrument and has the right to mortgage, grant, and convey the Property and that the Property is
unencumbered. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.

                                                       TERMS


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1. PAYMENT OF PRINCIPAL, INTEREST AND LATE CHARGE

Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note.

2. PAYMENT OF PROPERTY CHARGES

Borrower shall pay all Property charges consisting of taxes, ground rents, flood and hazard
insurance premiums, and assessments in a timely manner, and shall provide evidence of payment
to Lender, unless Lender pays Property charges by withholding funds from monthly payments
due to Borrower or by charging such payments to a line of credit as provided for in the Loan
Agreement.

3. FIRE, FLOOD, AND OTHER HAZARD

    A. Borrower shall insure all improvements on the Property, whether now in existence or
       subsequently erected, against any hazards, casualties, and contingencies, including fire.
       This insurance shall be maintained in the amounts, to the extent, and for the periods
       required by Lender and the Secretary of Housing and Urban Development (hereinafter
       referred to as the “Secretary”). Borrower shall also insure all improvements on the
       Property, whether now in existence or subsequently erected, against loss by floods to the
       extent required by the Secretary. All insurance shall be carried with companies approved
       by Lender. The insurance policies and any renewals shall be held by Lender and shall
       include loss payable clauses in favor of, and in a form acceptable to, Lender.

    B. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may
       make proof of loss if not made promptly by Borrower. Each insurance company
       concerned is authorized and directed to make payment for such loss to Borrower and to
       Lender jointly. Insurance proceeds shall be applied to restoration or repair of the
       damaged Property, if the restoration or repair is economically feasible and Lender's
       security is not lessened. If the restoration or repair is not economically feasible or
       Lender's security would be lessened, the insurance proceeds shall be applied first to the
       reduction of any indebtedness under a second Note and second Security Instrument held
       by the Secretary on the Property and then to the reduction of the indebtedness under the
       Note and this Security Instrument. Any excess insurance proceeds over an amount
       required to pay all outstanding indebtedness under the Note and this Security Instrument
       shall be paid to the entity legally entitled to same.




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    C. In the event of foreclosure of this Security Instrument or other transfer of title to the
       Property that extinguishes the indebtedness, all right, title, and interest of Borrower in
       and to insurance policies in force shall pass to the purchaser.

4. PRESERVATION AND MAINTENANCE OF PROPERTY; LEASEHOLDS

    A. Borrower shall not commit waste or destroy, damage, or substantially change the
       Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender
       may inspect the Property if the Property is vacant or abandoned or the loan is in default.
       Lender may take reasonable action to protect and preserve vacant or abandoned Property.

    B. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions
       of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall
       not be merged unless Lender agrees to the merger in writing.

5. CHARGES TO BORROWER AND PROTECTION OF LENDER’S RIGHTS IN
   PROPERTY

    A. Borrower shall pay all governmental or municipal charges, fines, and impositions that are
       not included in Section 2. Borrower shall pay these obligations on time directly to the
       entity which is owed the payment. If failure to pay would adversely affect Lender's
       interest in the Property, on Lender's request Borrower shall promptly furnish to Lender
       receipts evidencing these payments. Borrower shall promptly discharge any lien which
       has priority over this Security Instrument in the manner provided in Section 12,
       Paragraph C.

    B. If Borrower fails to make these payments or the Property charges required by Section 2,
       or fails to perform any other covenants and agreements contained in this Security
       Instrument, or there is a legal proceeding that may significantly affect Lender's rights in
       the Property (such as a proceeding in bankruptcy, for condemnation, or to enforce laws or
       regulations), then Lender may do and pay whatever is necessary to protect the value of
       the Property and Lender's rights in the Property, including payment of taxes, hazard
       insurance, and other items mentioned in Section2.

    C. Any amounts disbursed by Lender under this Section shall become an additional debt of
       Borrower as provided for in the Loan Agreement and shall be secured by this Security
       Instrument.

6. INSPECTION




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Lender or its agent may enter on, inspect, or make appraisals of the Property in a reasonable
manner and at reasonable times provided that Lender shall give Borrower notice prior to any
inspection or appraisal specifying a purpose for the inspection or appraisal which must be related
to Lender's interest in the Property.

7. CONDEMNATION

The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for a conveyance in place of
condemnation shall be paid to Lender and Borrower jointly. The proceeds shall be applied first to
the reduction of any indebtedness under a second Note and second Security Instrument held by
the Secretary to the Property, and then to the reduction of the indebtedness under the Note and
this Security Instrument. Any excess proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally
entitled to them.

8. FEES

Lender may collect fees and charges authorized by the Secretary.

9. GROUNDS FOR ACCELERATION OF DEBT

    A. Due and Payable. Lender may require immediate payment in full of all sums secured by
       this Security Instrument if: (i) a Borrower dies and the Property is not the principal
       residence of at least one surviving Borrower; or (ii) a Borrower conveys all of his or her
       title in the Property and no other Borrower retains title to the Property in fee simple or
       retains a leasehold under a lease for less than 99 years which is renewable or a lease
       having a remaining period of not less than 50 years beyond the date of the 100th birthday
       of the youngest Borrower.

    B. Due and Payable with Secretary Approval. Lender may require immediate payment in
       full of all sums secured by this Security Instrument, on approval of the Secretary, if:

            i.    The Property ceases to be the principal residence of a Borrower for reasons other
                  than death and the Property is not the principal residence of at least one other
                  Borrower;

           ii.    For a period of longer than 12 consecutive months, a Borrower fails to occupy the
                  Property because of physical or mental illness and the Property is not the principal
                  residence of at least one other Borrower; or



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          iii.    An obligation of the Borrower under this Security Instrument is not performed.
                  “Principal residence” shall have the same meaning as in the Loan Agreement.

    C. Notice to Lender. Borrower shall notify Lender whenever any of the events listed in
       Paragraphs A and B of this Section 9 occur.

    D. Notice to Secretary and Borrower. Lender shall notify the Secretary and Borrower
       whenever the loan becomes due and payable under this Section 9. Lender shall not have
       the right to foreclose until Borrower has had 30 days after notice to either:

            i.    Correct the matter which resulted in the Security Instrument coming due and
                  payable;

           ii.    Pay the balance in full;

          iii.    Sell the Property for at least 95% of the appraised value and apply the net
                  proceeds of the sale toward the balance; or

          iv.     Provide the Lender with a deed in lieu of foreclosure.

    E. Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note
       secured by it not be eligible for insurance under the National Housing Act within
       _______________________ [Instructions: Insert the length of time Borrower has to
       obtain insurance] from the date of this Security Instrument, Lender may, at its option,
       require immediate payment in full of all sums secured by this Security Instrument. A
       written statement of any authorized agent of the Secretary dated subsequent to
       _______________________ [Instructions: Insert the length of time Borrower has to
       obtain insurance] from the date of this Security Instrument, declining to insure this
       Security Instrument and the Note secured by it, shall be deemed conclusive proof of
       ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender
       when the unavailability of insurance is solely due to Lender's failure to remit a mortgage
       insurance premium to the Secretary.

10. NO DEFICIENCY JUDGMENTS.

Borrower shall have no personal liability for payment of the debt. Lender may enforce the debt
only through the sale of the Property. Lender shall not be permitted to obtain a deficiency
judgment against Borrower if the Property is foreclosed. If this Security Instrument is assigned to
the Secretary, Borrower shall not be liable for any difference between the mortgage insurance



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benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by
Borrower at the time of the assignment.

11. REINSTATEMENT

Borrower has a right to be reinstated if Lender has required immediate payment in full. This right
applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument,
Borrower shall correct the condition which resulted in the requirement for immediate payment in
full. Foreclosure costs and reasonable and customary attorney's fees and expenses properly
associated with the foreclosure proceeding shall be added to the principal balance. On
reinstatement by Borrower, this Security Instrument and the obligations that it secures shall
remain in effect as if Lender had not required immediate payment in full. However, Lender is not
required to permit reinstatement if: (i) Lender has accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the
commencement of a current foreclosure proceeding; (ii) reinstatement will preclude foreclosure
on different grounds in the future; or (iii) reinstatement will adversely affect the priority of the
mortgage lien.

12. FIRST LIEN STATUS

    A. Modification. If state law limits the first lien status of this Security Instrument as
       originally executed and recorded, to a maximum amount of debt or a maximum number
       of years, or if state law otherwise prevents the Lender from making loan advances
       secured by the first lien, Borrower agrees to execute any additional documents required
       by Lender and approved by the Secretary to extend the first lien status to an additional
       amount of debt and an additional number of years, and to cause any other liens to be
       removed or subordinated as provided in the Loan Agreement. If state law does not permit
       the extension of the first lien status, then for purposes of Section 9 Borrower will be
       deemed to have failed to perform an obligation under this security agreement.

    B. Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral
       program, if any 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 Instrument unless Borrower: (i) agrees in writing to the payment of the
       obligation secured by the lien in a manner acceptable to Lender; (ii) contests in good faith
       the lien by, or defends against enforcement of the lien in, legal proceedings which in the
       Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of
       the Property; or (iii) secures from the holder of the lien an agreement satisfactory to



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         Lender subordinating the lien to 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 lien. Borrower shall
         satisfy the lien or take one or more of the actions set forth above within
         _______________________ [Instructions: Insert the length of time Borrower has to
         satisfy a lien] of the giving of notice.

13. RELATIONSHIP TO SECOND 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 of the National Housing Act and the loan
       agreement, the Secretary has required Borrower to grant a Second Security Instrument on
       the Property to the Secretary.

    B. Relationship of First and Second Security Instruments. Payments made by the Secretary
       shall not be included in the debt under the Note secured by this Security Instrument
       unless:

    C. This Security Instrument is assigned to the Secretary; or

            i.    The Secretary accepts reimbursement by Lender for all payments made by the
                  Secretary.

           ii.    If the circumstances described in Subparagraph 1 or 2 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.

    D. Effect on Borrower. Where there is no assignment or reimbursement as described in
       Subparagraph B (1) or (2) and the Secretary makes payments to Borrower, then Borrower
       shall not:

            i.    Be required to pay amounts owed under the Note, or pay any rents and revenues
                  of the Property under Section 19 to Lender or a receiver of the Property, until the
                  Secretary has required payment in full of all outstanding principal and accrued
                  interest under the second Note held by Secretary and secured by the second
                  Security Instrument; or

           ii.    Be obligated to pay interest or shared appreciation under the 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 principal balance under the Note.



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    E. No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of
       the second Security Instrument or to take actions to preserve the value of the Property,
       even though Lender may be unable to collect amounts owed under the Note because of
       restrictions in this Section 13.

14. FORBEARANCE BY LENDER NOT A WAIVER

Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude
the exercise of any right or remedy.

15. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY

The covenants and agreements of this Security Instrument shall bind and benefit the successors
and assigns of Lender. An assignment made in accordance with the regulations of the Secretary
shall fully relieve Lender of its obligations under this Security Instrument. Borrower may not
assign any rights or obligations under this Security Instrument or under the Note. Borrower's
covenants and agreements shall be joint and several.

16. NOTICES

Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another method. The notice
shall be directed to the Property address or any other address all Borrowers jointly designate.
Any notice to Lender shall be given by first class mail to Lender's address stated in this Security
Instrument or any address Lender designates by notice to Borrower. Any notice provided for in
this Security Instrument shall be deemed to have been given to Borrower or Lender when given
as provided in this Section.

17. GOVERNING LAW; SEVERABILITY.

This Security Instrument shall be governed by federal law and the law of the jurisdiction in
which the Property is located. If any provision or clause of this Security Instrument or the Note
conflicts with applicable law, the conflict shall not affect other provisions of this Security
Instrument or the Note which can be given effect without the conflicting provision. To this end
the provisions of this Security Instrument and the Note are declared to be severable.

18. BORROWER’S COPY

Borrower shall be given one conformed copy of this Security Instrument.



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19. ASSIGNMENT OF RENTS

    A. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the
       Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues
       and directs each tenant of the Property to pay the rents to Lender or Lender's agents.
       However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or
       agreement in the Security Instrument, Borrower shall collect and receive all rents and
       revenues of the Property as trustee for the benefit of Lender and Borrower. This
       assignment of rents constitutes an absolute assignment and not an assignment for
       additional security, and all rents received by Borrower shall be held by Borrower as
       trustee for the benefit of Lender, to be applied to the sums secured by this Security
       Instrument. However, notwithstanding the foregoing, unless Lender gives notice of
       breach to Borrower: (i) Borrower shall be entitled to collect and receive all of the rents of
       the Property; and (ii) each tenant of the Property shall pay all rents due and unpaid to
       Borrower or Borrower’s agent on Borrower’s written demand to the tenant.

    B. Borrower has not executed any prior assignment of the rents and has not and will not
       perform any act that would prevent Lender from exercising its rights under this Section
       19.

    C. Lender shall not be required to enter on, take control of, or maintain the Property before
       or after giving notice of breach to Borrower. However, Lender or a judicially appointed
       receiver may do so at any time there is a breach. Any application of rents shall not cure or
       waive any default or invalidate any other right or remedy of Lender. This assignment of
       rents of the Property shall terminate when the debt secured by this Security Instrument is
       paid in full.

20. FORECLOSURE PROCEDURE

    A. If Lender requires immediate payment in full under Section 9, Lender may invoke the
       power of sale and any other remedies permitted by applicable law. Lender shall be
       entitled to collect all expenses incurred in pursuing the remedies provided in this Section
       20, including, but not limited to, reasonable attorney's fees and the costs of title evidence.

    B. If Lender invokes the power of sale, Lender shall give notice of sale to Borrower in the
       manner provided in Section 16. Lender shall publish and post the notice of sale, and the
       Property shall be sold in the manner prescribed by applicable law. Lender or its designee
       may purchase the Property at any sale. The proceeds of the sale shall be applied in the
       following order: (i) to all expenses of the sale, including, but not limited to, reasonable



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         attorney's fees; (ii) to all sums secured by this Security Instrument; and (iii) any excess to
         the person or persons legally entitled to it.

21. RIDERS TO SECURITY INSTRUMENT

If one or more riders are executed by Borrower and recorded together with this Security
Instrument, the covenants of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the riders were in a
part of this Security Instrument.

Borrower accepts and agrees to the terms contained in this Security Instrument and in any riders
executed by Borrower and recorded with it.

WITNESS our signatures as of the day and date first above stated.


BORROWER




_____________________________________




LENDER




_____________________________________
I have authority to bind the Company




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                                                    EXHIBIT A

                                         PROPERTY DESCRIPTION


[Instructions: Insert or attach the legal description of the property subject to this
agreement. The legal description can be found on the deed or at the county recorder’s
office]




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Description: This Reverse Mortgage Agreement is between a borrower and lender that will execute a separate promissory note along with this agreement. Customize the information of the parties, reporting procedures, the borrower’s rights, the lender’s obligations, and much more. This agreement can be used by homeowners that want to cash in on the equity on their home. In addition, this agreement can also be used by lenders that want to provide borrowers with a thorough agreement on their reverse mortgage.