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200003878 <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 for <br />such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may <br />be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security <br />Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or <br />(b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend <br />or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such <br />payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note <br />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 <br />the 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 days after <br />the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue <br />to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender <br />determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are <br />beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit <br />waste or destroy, damage or substanially change the Property or allow the Property to deteriorate, reasonable wear and <br />tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender <br />may take reasonable action to protect and preserve such vacant or abandoned property. Borrower shall also be in default <br />if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender <br />(or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, <br />but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security <br />Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the <br />Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. <br />6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby <br />assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the <br />Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note <br />and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 9, and then to <br />prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the <br />monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over <br />an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the <br />entity legally entitled thereto. <br />7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental <br />or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on <br />time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the <br />Property, upon Lender's request Borrower shall 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 any other <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect <br />Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), <br />then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, <br />including payment of taxes, hazard insurance and other items mentioned in paragraph 2. <br />Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be <br />secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, <br />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 Borrower: (a) <br />agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good <br />faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to <br />prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender <br />subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien <br />which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower <br />shall satisfy the lien or take one or more of the actions set forth above within 10 days of the 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 of payment defaults, <br />require immediate payment in full of all sums secured by this Security Instrument if: <br />FHA Nebraska Mortgage - 5195 Page 3 of 6 <br />Page 3 Form Software by Automated Real Estate Services, Inc. 1- 800 - 330 -1295 SCHRUNK / 00 -3618 <br />