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2��2U�3Gti <br />monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess <br />insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this <br />Security Instrument shall be paid to the entiry legally entitled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of tit�e to the Property that <br />extinguishes the indebtedness, all right, title and interest of Bonower in and to insurance policies in force <br />shall pass to the purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br />Appiication; Leaseholds. Borrower shall occupy, establish, and use the Property as Bonower's principal <br />residence within sixty days after the exe,curion of this Security InstYVment (or within sixty days of a later sale <br />or transfer of the Property) and sha11 continue to occupy the Property as Bonower's principal residence for <br />at least one year after the date of occupancy, unless Lender determines that requirement will cause undue <br />�� hardslup for Bortower, or unless extenuating circumstanCes exist which aze beyond Borrower's control. <br />Borrower shall notify L.ender of any extenuating circumstances. Bonower shall not commit waste or destroy, <br />damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear <br />excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. <br />Lender may take reasonable acrion to protect and preserve such vacant or abandoned Property. Borrower <br />shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate <br />information or statements to Lender (or faited to provide Lender with any material information) in <br />connection witli tlte loan evidenced by the Note, including, but not limited to, representations conceming <br />Borrower's occupancy of the Propertg as a principal residence. If this Se.curity Instn�ment is on a leasehold, <br />Borrower shall compIy vvith the provisions of the lease. If Bonower acquires fee ritle to the Property, the <br />leasehold azid fe.e title shall not be mergect unless Lender agrees to the merger in writing. <br />6. ConctemRation. The p�s of any award os claim for damages, direct or coffiequential, in conne.ction <br />with any condemnation or other talang of any gart of the Property, or for conveyance in place of <br />condemuation, are hsreby assigned and sball be gaid to Lender to the extent of the full amount of the <br />indebteriness that remains unpaid under the Note and this Security Instru.ment. Lender shall apply such <br />proc�ds to the reduction of the indebtedness under the Note and this Security Instrument, first to any <br />delinquent amounts appiied in the order provided in paragraph 3, and then to prepayment of principal. Any <br />application of the proceeds to the principal shall not extend or postpone the due date of the monthly <br />paymeats, whict► aze referred to in paragraph 2, or change the amount of such payments. Any excess <br />pr�s over an amount required to pay all outstanding indebtedness under the Note and this Security <br />Instrument shall be paid to the entity legally enritled thereto. <br />7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all <br />govemmental or municipal charges, fines and impositions that are not included in paragraph 2. Bonower <br />shall pay these obligations on rime directly to the entity which is owed the payment. If failure to pay would <br />adversely affe,ct Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to <br />Lender re,ceipts evidencing these payments. <br />If Bonower fails to make these payments or the payments required by pazagraph 2, or fails to perform any <br />other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may <br />significantly affe,ct Lender's rights in the Property (such as a proceeding in banlmiptcy, for condemnation or <br />to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the <br />Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items <br />menrioned in paragraph 2. <br />FHA Deed of Trust-NE 4/98 <br />VMP � VMP4R(NE) (1109) <br />Wolters Kluwar Financial Services Page 4 of 10 <br />