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200810349
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3/4/2012 12:20:35 PM
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12/23/2008 3:09:14 PM
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DEEDS
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200810349
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200814349 <br />and shall continue to occupy the Properly as Borrower's principal residence for at least one year after the date of <br />occupancy. unless the Lender determines that requirement will cause undue hardship Rar Borrower, or unless <br />extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender ol- any <br />extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property <br />or allow the Property to deteriorate, reasonable wear and tear excepted, bender may inspect the Property if- the <br />Property is vacant or abandoned or the loan is in dclault. Lender may take reasonable action to protect and preserve <br />such vacant or abandoned Property, Borrower shall also be in default if' Borrower. during the loan application <br />process, gave materially false or inaccurate information or statements to lender (or failed to provide Lender with any <br />material information) 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. II- this Security Instrument is on a <br />leasehold, Borrower shall comply with the provisions ol'the lease. If' Borrower acquires lec title to the Property, the <br />leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. <br />6. Condemnation, The proceeds of any award or claim fin' damages- direct or consequential, in connection <br />with any condemnation or other taking ol- any part ol'the Property, or for conveyance in place of condemnation, are <br />hereby assigned and shall be paid to Lender to the extent of the full amount of'the indebtedness that remains unpaid <br />under the Note and this Security Instrument. bender shall apply such proceeds to the reduction of the indebtedness <br />under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in <br />paragraph 3, and then to prepayment of principal. Any application ol'the proceeds to the principal shall not extend <br />or postpone the due date of -the 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 bender'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 Properly (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 ol'the Property and Lender's <br />rights in the Property, including payment ol- 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 iron the date ofdisbursenent 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 enlbrcement of the lien in. legal proceedings which in the bender's <br />opinion operate to prevent the enforcement of the lien, or (c) secures firona the holder of- the lien an agreement <br />satisfactory to Lender subordinating tilt: lien to this Security Instrument, If bender 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 ol'the actions set forth above within <br />10 days of the giving of- notice. <br />8. tees. Lender may collect Pecs 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 lull 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 <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 <br />contained in this Security Instrument. <br />(b) Sale Without Credit Approval. Lender shall, il- permmitted by applicable law (including section 341(d) <br />of the (tarn -St. Germain Depository Institutions Act of 1982, 12 11,S.( 1701,j -3(d)) and with the prior <br />approval of 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. It- circumstances occur that would permit Lender to require immediate payment in full, <br />but 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 ol- payment defaults, to require immediate payment in full and fbreclose it -not <br />paid. This Security Instrument does not authorize acceleration or forcclosure il'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 lbr insurance under the National I lousing Act within 60 DAYS <br />FHA NEBRASKA DEED OF TRUST - MERS AOClWagiC erirMW 800. 649.1362 <br />6/96 Page 3 of 7 www.dbcmagk.com <br />
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