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201208983 <br /> from rimc to timc("RH;SPA"), except that the cushion or reserve permiLtcd by RESPA for unandcipated disburscmcnts <br /> or disbursements hcforc the Borrower's payments are available in ihe acconnt may not be based on arnounLs due for <br /> the morlgagc insurancc prcmium. <br /> If the amount�held by Lender for Escrow Items exceed the amounts permitted to be hcld by RESPA, Lender shall <br /> account to Yxirrower for the excess�unds as required by RESPA. lf thc amounts of funds held by Lender at any time <br /> are not sufficient to pay the Escrow Items when due, Leuder may noti fy the Borrower und require Borrow�7 to make <br /> up the shortage as perniitted by RFSPA. <br /> The Escrow Funds are pledged xs additional security for all sums secured by this Seciuity Instrumcnt If <br /> Borrower tenders to Lender the fuI] paymenL of all such sums, Borrowcr's 2ccount shxll be credited witL thc balance <br /> remaining for all instxllment items(a), (h), and(c)and any mortgage insiu ance premium installment that Lcnder has <br /> not bceome obligaLcd to pay to the Seceetary, and Lender shall prompfly reYund any excess funds to Borrower. <br /> Immcdiately prior to a foreclosL�re sale of the Property ar its acquisition Uy Lender, Borrower's accotm[shall be <br /> credited with any balance remaining for all instalhnents for items (�), (b), a��d(c). <br /> 3. Application of Payments. All payinents under par�graphs 1 and 2 shall be applied by Lender as follows: <br /> FIRST, to the mortgage insurauce premium to be p�id by Leuder to the Secretary or ko the mond�ly cl�arge by <br /> the Secretary iustead of the monthly mortgage insurance premiwn; <br /> SECOND,to any taxes, special assessnients, Icaschold payments or ground rents, a»d firq flood and oLhcr hazard <br /> insurance prennums, as required; <br /> THIRD, to interest due under thu No�c; <br /> FOURTH, to amorLira�ion of the principal of the Note; and <br /> FIFTH, to late charges due under the Note. <br /> 4. P'irc, F7ood and OU�cr Hazard Insurance. Borrowe� shall insure all improvemcnts ou the Pro}�crty, <br /> whether now in existence or subsequently erccted, against any lk�tzards, casualties, and contingeucies, inchGding 6re, <br /> for which Lender requires insu�ance. This insurance shall be maintained iu the amounts aud for the periods that <br /> Lender requires. Borrower shall al;o insLve all improvements on the Property, whether now in existence or <br /> subseyucntly crected,against loss by floods co the extant�equired hy the Secretary. All insurauce shall 6e carriedwith <br /> co�npanie5 approved by Lender. 'rhe insurance policies and any renewals shall be held by Lender and sltall include <br /> loss }�ayahle clauses in favor of, and in 2 form acceptable to, Lendex. <br /> ln thc cvent of loss, Borrower shall give Lender immediatc notice by mail. Lender may makc proof of loss i f not <br /> madc F�romptly by Borrowcr. Gach insnrauce company concerned is hereby auLhorized and directcd to tnake paymcnt <br /> for such loss dircetly to Lcnder, uistead of to Borrower and to Lender jointly. All or any part of the insurance <br /> procccds may bc applied by Lender, at its opdon, either(a)to the reduction of the indebtedncss under the Note and <br /> ihia Sccurity instrumcnt, flrst to any deliuqt�ent amounts aF�plied in the order in paragraph 3, and then to prepayment <br /> of principal, or (b) to the restoration or repair of Che damaged Property. Any application of the procecds to the � <br /> principal shall not extend or postpone tlte due date of t6e mrn�thly payrnenLs which are referred to in paragraph 2, or <br /> change the amocu�t of such payments. Any escess insurancc proceeds over an amoun[requircd to pay all outstanding <br /> indebtedness under die Note and lliis Security Inslrument shall be paid [o the enkity legally entitled tl�creto. <br /> In the event of forec;losure of this S�urity Iastrument or other trarLSfer of title W the Propzrty that extinguishes thc <br /> indebt�edness, al] right, title and interesl of Borrower in and to insurance policies in fnrce sha1L pass vi the ptuchaser. <br /> 5. Occupancy, Preservation, Mainteuance and Protection of t6e Property;Borrower's Loan Appiieation; <br /> Leaseholds. Borrower shall occuF�y, csta6lish, aud use the Properry as Borrowcr's principal residence within sixty <br /> days after the execution of this Securiry Instrument(or within sixty days of a later sale or transfer of tlie Pruperty) <br /> and shall wntinuc to owupy the Property as Borrower's F�rincipal residencc for aY]east one year after the date of <br /> occupancy,unless L ender determines that requirement wi I I cause undue hardship for Borrower,ur unless cxtenuating <br /> circumstances exist which are beyond Borrower's control. Borrowcr shall uotify Lender of' any extenuating <br /> circttmsf��tnces. Bo�rower shall not commil waste or destroy, da.mage or substantially change the Property or allow <br /> the Prope�ry to deteriorate, reasonable wcar and tear excepted. Lcnder may inspcet the Property if the Property is <br /> vacuit or abandoned or the loa�i is in cleCauit. Lender may take rcasonable action to protect and preserve such vacant <br /> or abandoned Properry. Rorrowcr shall also be in def<�ult �f Bortowe�, during the loan app�ication process, g�ve <br /> FHA NEBR45KA DEFD OF TRUST - MFRS DocMagicQ�r�amr�i <br /> NEDOTZ.FHA 07103l12 Page 3 of 9 www.docmagic.com <br />