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�0�2o92s� <br />from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements <br />or disbursements before the Bonower's payments are available in the account may not be based on amouats due for <br />the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall <br />account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time <br />are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make <br />up the shortage as permitted by RESPA. <br />The Escrow Funds aze pledged as additional security for all sums secured by this Secutity Instrument. If <br />Bonower tenders to Lender the full payment of all such sums, Bortower' s account shall be credited with the balance <br />remainin_g for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has <br />not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. <br />Immediately prior to a foreclosute sale of the Property or its acquisition by Lender, Bonower's account shall be <br />credited with any balance remaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: <br />FIRST, to the mortgage insurance premitum to be paid by Lender to the Secretary or to the monthly chazge by <br />the Secretary instead of the monthly mortgage insurance premium; <br />SECOND, to any talces, special assessments, leasehold payments or ground rents, and fire, flood and other hazard <br />insurance premiums, as required; <br />THIRD, to interest due under the Note; <br />FOURTH, to amortization of the principal of the Note; and <br />FIFTH, to late chazges due wnder the Note. <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, <br />whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fira, <br />for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that <br />Lender requires. Borrower shall also insure all improvements on the Property, whether now in e�stence or <br />subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with <br />companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include <br />loss payable clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Borrower shall give Lender immediate ttorice by mail. Lender may make proof of loss if not <br />made promptly by Bonower. Each insurance company concemed is hereby authorized and directed to make payment <br />for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance <br />proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and <br />this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment <br />of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the <br />principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or <br />change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding <br />indebtedness under the Note attd ttus Security Instrument shall be paid to the entity legally entitled thereto. <br />In the event of Foreclosure of this Security Instrurnent or other transfer of titie to the Property that extinguishes the <br />indebtedness, a11 right, tide and interest of Borrower in and to insurance golicies in force shall pass to the purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; <br />Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower' s principal residence within sixty <br />days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) <br />and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of <br />occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating <br />circumstances axist which are beyond Bonower's control. Bortower shall notify Lender of any extenuating <br />circumstances. Bonower shall not commit waste or destroy, damage or substantially change the Property or allow <br />the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is <br />vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant <br />or abandoned Property, Borrower shalI also be in default if Borrower, during the loan application process, gave <br />FHA NEBFiASKA D� OF TRUST - MERS �� <br />NmOTZ.FHA 07/03/12 Page 3 of 9 www.docmagic.com <br />