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202110923 <br />LOAN #: 002127136 <br />and Urban Development ("Secretary"), or in any year in which such premium would have been required <br />if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum <br />for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly <br />charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a <br />reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, <br />these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to <br />exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate <br />Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 <br />CFR Part 1024, as they may be amended from time to time ("RESPA"), except that the cushion or reserve <br />permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments <br />are available in the account may not be based on amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, <br />Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds <br />held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may notify the <br />Borrower and require Borrower to make 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 <br />balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment <br />that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess <br />funds to Borrower. Immediately priorto a foreclosure sale of the Property or its acquisition by Lender, Borrower's <br />account shall be 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 <br />as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly <br />charge by the Secretary instead of the monthly mortgage insurance premium; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood <br />and other hazard 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, <br />including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and <br />for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether <br />now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All <br />insurance shall be carried with companies approved by Lender. The insurance policies and any renewals <br />shall be held by Lender and shall include 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 <br />of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and <br />directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All <br />or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction <br />of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied <br />in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the <br />damaged Property. Any application of the proceeds to the principal shall not extend or postpone the <br />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 <br />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 <br />extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force <br />shall pass to the purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's <br />Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's <br />principal residence within sixty days after the execution of this Security Instrument (or within sixty days <br />of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's <br />principal residence for at least one year after the date of occupancy, unless Lender determines that <br />requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which <br />are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower <br />shall not commit waste or destroy, damage or substantially change the Property or allow the Property to <br />deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant <br />or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such <br />vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application <br />process, gave materially false or inaccurate information or statements to Lender (or failed to provide <br />Lender with any material information) in connection with the loan evidenced by the Note, including, but <br />FHA Nebraska Deed of Trust - 4/96 <br />ICE Mortgage Technology, Inc. <br />Page 3 of 7 NEEFHADE 0914 <br />NEEFHADE (CLS) <br />