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<br />200805668 <br /> <br />or postpone the due date ofthe monthly payments, which are referred to in paragraph 2, or change the amount of such <br />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 <br />governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay <br />these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect <br />Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts <br />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 <br />affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or <br />regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's <br />rights in the Property, including 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 <br />secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, <br />and at the option of Lender shall be immediately due and payable, <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: <br />(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests <br />in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's <br />opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement <br />satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the <br />Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within <br />10 days of the giving of notice. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary. <br />9. Grounds for Acceleration of Debt <br />(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment <br />defaults, require immediate payment in full of all sums secured by this Security Instrument if: <br />0) Borrower defaults by failing to pay in full any monthly payment required by this Security <br />Instrument prior to 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 <br />in this Security Instrument. <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of <br />the Garn-St. Germain Depository Institutions Act of 1982, 12 V.S.C. i 70Ij-3(d)) and with the prior approval of <br />the 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 <br />sold or 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 <br />purchaser or grantee does so occupy the Property, but his or her credit has not been approved in <br />accordance with the requirements of the Secretary. <br />(c) No Waiver. if circumstances occur that would permit Lender to require immediate payment in full, but <br />Lender 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 <br />Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not <br />paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations <br />of the Secretary. <br />(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not <br />determined to be eligible for insurance under the National Housing Act within 60 DAYS <br />from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this <br /> <br />NEBRASKA FHA DEED OF TRUST <br />6/96 <br /> <br />Page 4 of 8 <br /> <br />Dot;Magk;~ 800.849.1362 <br />www.docmaglc.com <br />