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201400098 <br /> from time to time("RESPA"),except that the cushion or reserve permitted by RESPA for unanticipated disbursements <br /> or disbursements before the Borrower's payments are available in the account may not be based on amounts 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 are pledged as additional security for all sums secured by this Security Instrument. If <br /> Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance <br /> remaining 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 foreclosure sale of the Property or its acquisition by Lender, Borrower'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 I and 2 shall be applied by Lender as follows: <br /> FIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by <br /> the Secretary instead of the monthly mortgage insurance premium; <br /> SECOND,to any taxes,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 charges due under 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 fire, <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 existence 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 notice by mail. Lender may make proof of loss if not <br /> made promptly by Borrower. Each insurance company concerned 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 and this Security Instrument shall be paid to the entity legally entitled thereto. <br /> In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the <br /> indebtedness, all right, title and interest of Borrower in and to insurance policies 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 exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating <br /> circumstances. Borrower 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 shall also be in default if Borrower, during the loan application process, gave <br /> FHA NEBRASKA DEED OF TRUST - MERS Dot:Magic�r <br /> NEDOTZ.FHA 07/03/12 Page 3 of 9 www.docmagic.corn <br />