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<br />200600796 <br /> <br />889452-05 <br />Secretary, or ifthis Security Instrument is held by the Secretary, each monthly charge shall be in an amount equal to one-twelfth <br />of one-half percent of the outstanding principal balance due on the Note. <br />If Borrower tenders to Lender the full payment of all sums secured by this Security Instrument, Borrower's account <br />shall be credited with the balance remaining for all installments for items (a), (b) and (c) and any mortgage insurance premium <br />installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to <br />Borrower. 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 /> <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 Secretary <br />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 insurance <br />premiums, as required; <br />Third, to interest due under the Note; <br />Fourth, to amortization of the principal ofthe Note; <br />Fifth, to late charges due under the Note. <br /> <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in <br />existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires <br />insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also <br />insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent <br />required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any <br />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 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 such <br />loss directly to Lender, instead ofto Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied <br />by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any <br />delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair <br />of the damaged Property. 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 insurance <br />proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid <br />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 /> <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 and shall continue to occupy the Property as Borrower's principal residence for at <br />least one year after the date of occupancy, unless the Secretary determines this requirement will cause undue hardship for <br />Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lenders of <br />any extenuating circumstances. Borrow shall not commit waste or destroy, damage or substantially change the Property or <br />allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property ifthe Property is vacant <br />or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned <br />Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate <br />information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan <br />evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a <br />principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all 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 agrees to the merger in <br />writing. <br /> <br />6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and <br />shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security <br />Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, <br />first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any <br />application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are <br /> <br />~ <br /> <br />FHA Nebraska Deed of Trust- 2/91 <br />DOCUUNE3 <br />DOCUUN~3. VTX 03/11/2005 <br /> <br />Page3 of 8 <br />