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200403227 <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and <br />fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security <br />Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant <br />and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and <br />will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited <br />variations by jurisdiction to constitute a uniform security instrument covering real property. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, <br />the debt evidenced by the Note and late charges due under the Note. <br />2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, <br />together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments <br />levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for <br />insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary <br />of Housing and Urban Development ( "Secretary"), or in any year in which such premium would have been required if Lender <br />still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance <br />premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security <br />Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by <br />the Secretary, 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 exceed the maximum <br />amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 <br />U.S.C. §2601 et sec. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ( "RESPA "), <br />except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the <br />Borrower's payments 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, 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 are not <br />sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as <br />permitted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders <br />to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment <br />items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the <br />Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the <br />Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for <br />items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs 1 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 the <br />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 <br />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, whether now <br />in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender <br />requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall <br />also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the <br />extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and <br />any renewals 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 irmmediate notice by mail. Lender may make proof of loss if not made <br />promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss <br />directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by <br />NEBRASKA FHA DEED OF TRUST <br />GREATLAND ■ <br />ITEM 66391-2 (0308) (Page 2 of 7 pages) To Order Call: 1- 800 -530 -9393 0 Fax: 616 - 791 -1131 <br />04 -3977 ��/ <br />