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202110923 <br />LOAN #: 002127136 <br />not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. <br />If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If <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 Borrower and <br />be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, <br />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, Lender 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 />(ii) 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 Credit Approval. 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 or grantee 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 not 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 are <br />not determined to be eligible for insurance under the National Housing Act within 60 days from <br />FHA Nebraska Deed of Trust - 4/96 <br />ICE Mortgage Technology, Inc. <br />Page 4 of 7 NEEFHADE 0914 <br />NEEFHADE (CLS) <br />