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<br />200709054 <br /> <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 a1l 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 sha1l be carried with companies approved by Lender. The insurance policies and <br />any renewals shall be held by Lender and sha1l 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 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 />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 />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 to <br />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 eause 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 waste <br />or destroy, damage or substantia1ly change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. <br />Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable <br />action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the <br />loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender <br />with any material infornlation) in connection with the loan evidenced by the Note, including, but not limited to, representations <br />concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, <br />Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title <br />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 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 />referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all <br />outstanding indebtedness under the Note and 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 pay all governmental or <br />municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time <br />directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon <br />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), then <br />Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including <br />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 secured by <br />this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of <br />Lender shall be immediately due and payable. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees <br />in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the <br />lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the <br /> <br />NEBRASKA FHA DEED OF TRUST <br /> <br />ITEM T2696L3 (0308}-MERS <br /> <br />(Page 3 of7 pages) <br /> <br />GREATLAND. <br />To Orde, Call: '.800.53G-9393 0 Fax; 616-791-1131 <br /> <br /># <br /> <br />~ <br />