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<br />200709705 <br /> <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, <br />and 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 /> <br />BORROWER COVENANTS that Borrower is lawfully seised ofthe estate hereby conveyed and has the right to grant <br />and convey the Property and that the Property is unencumbered, except for encumbrances ofrecord. Borrower warrants <br />and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br /> <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifonn covenants with <br />limited variations by jurisdiction to constitute a uniform security instrument covering real property. <br /> <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 <br />on, 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 <br />assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and <br />(c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance <br />premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would <br />have been required 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 charge instead of a <br />mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined <br />by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid <br />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 <br />maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act <br />of 1974,12 U.S.c. S 2601 ~ ~ and implementing regulations, 24 CFR Part 3500, as they may be amended from time <br />to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or <br />disbursements before the Borrower's payments arc available in the account may not be based on amounts due for the <br />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 <br />not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the <br />shortage as permitted by RESP A. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower <br />tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for <br />all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated <br />to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure <br />sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all <br />installments for 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 hazard <br />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 <br />now in existence or subsequently erected, against any hazards, casualties, and contingencies, including tire, for which <br />Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. <br />Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against <br />loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. <br />The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor o( and in <br />a form acceptable to, Lender. <br />In the event ofloss, Borrower shall give Lender ilmnediate notice by maiL Lender may make proof ofIoss if not made <br />promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such <br />loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part oftlle insurance proceeds may be <br />applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, <br />tirst to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the <br />restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone <br />the due date ofthe monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any <br /> <br />FHA NEBRASKA OEEJ) OF TRUST <br />(R&A) RA0207793 - fmers.ne - rev. 11/14/05 <br /> <br />6/96 <br />(Pace 2 of Ii pages) <br /> <br />RfJ-? <br />--.~i\Z- <br />