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201302189 <br /> LOAN#:0000362223 <br /> Borrower acquires fee title to the Property,the leasehold and fee title shall not be merged unless Lender <br /> agrees to the merger in writing. <br /> 6. Condemnation.The proceeds of any award or claim for damages.direct or consequential, in <br /> connection with any condemnation or other taking of any part of the Property.or for conveyance in place <br /> of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of <br /> the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply <br /> such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first <br /> to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of <br /> principal.Any application of the proceeds to the principal shall not extend or postpone the due date of <br /> the monthly payments,which are referred to in paragraph 2, or change the amount of such payments. <br /> Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and <br /> this Security Instrument shall be paid to the entity legally entitled thereto. <br /> 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall <br /> pay all governmental or municipal charges,fines and impositions that are not included in paragraph 2 <br /> Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure <br /> to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall <br /> promptly furnish to Lender receipts evidencing these payments. <br /> If Borrower fails to make these payments or the payments required by paragraph 2,or fails to perform <br /> any other covenants and agreements contained in this Security Instrument,or there is a legal proceeding <br /> that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for <br /> condemnation or to enforce laws or regulations).then Lender may do and pay whatever is necessary to <br /> protect the value of the'Property and Lender's rights in the Property.including payment of taxes,hazard <br /> insurance and other items mentioned in paragraph 2. <br /> Any amounts disbursed by Lender under this paragraph shall become an additional debt of <br /> Borrower and be secured by this Security Instrument.These amounts shall bear interest from the date <br /> of disbursement,at the Note rate,and at the option of Lender, shall be immediately due and payable. <br /> Borrower shall promptly discharge any lien which has priority over this Security Instrument unless <br /> Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner <br /> acceptable to Lender; (b)contests in good faith the lien by,or defends against enforcement of the lien <br /> in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien: or <br /> (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to <br /> this Security Instrument. If Lender determines that any part of the Property is subject to a lien which <br /> may attain priority over this Security Instrument,tender may give Borrower a notice identifying the lien. <br /> Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the <br /> giving of notice. <br /> 8. Fees.Lender may collect fees and charges authorized by the Secretary. <br /> 9. Grounds for Acceleration of Debt. <br /> (a) Default.Lender may,except as limited by regulations issued by the Secretary, in the case <br /> of payment defaults, require immediate payment in full of all sums secured by this Security <br /> Instrument if: <br /> (i) Borrower defaults by failing to pay in full any monthly payment required by this Security <br /> Instrument prior to or on the due date of the next monthly payment,or <br /> (n) Borrower defaults by failing.for a period of thirty days,to perform any other obligations <br /> contained in this Security Instrument. <br /> (b) Sale Without CreditApproval.Lender shall,if permitted by applicable law(including Section <br /> 341(d)of the Garn-St.Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d))and <br /> with the prior approval of the Secretary, require immediate payment in full of all sums secured <br /> by this Security Instrument if <br /> (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the <br /> Property, is sold or otherwise transferred(other than by devise or descent),and <br /> (ii) The Property is not occupied by the purchaser orgrantee as his or her principal residence, <br /> or the purchaser or grantee does so occupy the Property but his or her credit has not been <br /> approved in accordance with the requirements of the Secretary <br /> (c) No Waiver.If circumstances occur that would permit Lender to require immediate payment <br /> in full,but Lender does riot require such payments,Lender does not waive its rights with respect <br /> to subsequent events. <br /> (d) Regulations of HUD Secretary.In many circumstances regulations issued by the Secretary <br /> will limit Lender's rights, in the case of payment defaults,to require immediate payment in full <br /> and foreclose if not paid.This Security Instrument does not authorize acceleration or foreclosure <br /> if not permitted by regulations of the Secretary. <br /> (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note <br /> are not determined to be eligible for insurance under the National Housing Act within 60 <br /> days from the date hereof, Lender may. at its option. require immediate payment in full of <br /> all sums secured by this Security Instrument.A written statement of any authorized agent <br /> of the Secretary dated subsequent to 60 days from the date hereof,declining to insure this <br /> 4 Q�l y�A <br /> FHA Nebraska Deed of Trust-4/96 Initials: '" <br /> �� <br /> Ellie Mae,Inc. Page 4 of 7 NEEFHADE 1212 <br /> NEEFHADE <br /> 03/05/2013 11:52 AM PST <br />