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<br />! <br /> <br />~--? <br /> <br />200803932 <br /> <br />450806351 <br /> <br />material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning <br />Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply <br />with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless <br />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 shall <br />be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under.the Note and this Security Instrument. <br />Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any <br />delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds <br />to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the <br />amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this <br />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 directly to <br />the entity which is owed the payment, If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request <br />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 covenants <br />and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the <br />Property (such as a proceeding in bankruptcy, for condemnation to enforce laws or regulations), then Lender may do and pay whatever <br />is necessary to protect the value of the property and Lenders rights in the Property, including payment of taxes, hazard insurance and <br />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 this <br />Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, <br />shall be immediately due and payable. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary. <br />9. Grounds for Acceleration of Debt. <br /> <br />(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, <br />require immediate payment in full of all sums secured by this Security Instrument if: <br />(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to <br />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 contained in this <br />Security Instrument. <br />(b) Sale Without Credit ApprovaL Lender shall, if permitted by applicable law (including section 341(d) of the <br />Garn-St Germain Depository Institutions Act of 1982, 12 U.s.C. 1701j-3(d)) and with the prior approval of the <br />Secretary, require immediate payment in full of all sums secured 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 Property, is sold or <br />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, or the purchaser <br />or grantee does so occupy the Property but his or her credit has not been approved in accordance with the <br />requirements of the Secretary. <br />(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender <br />does not require such payments, Lender does not waive its rights with respect to subsequent events. <br />(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's <br />rights in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security <br />Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. <br />(e) Mortgage Not Insured.Borrower agrees that should this Security Instrument and the Note are not to be eligible <br />for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require <br />immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized <br />agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument <br />and the Note shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may <br />not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage <br />insurance premium to the Secretary. <br /> <br />10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of <br /> <br />FHA Nebraska Deed Of Trust. 2191 <br />@;l 391.19 <br /> <br />Page 3 of6 <br /> <br />Lfi) <br /> <br />I/rP <br />