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<br />200902032 <br /> <br />the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal <br />title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee <br />for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the <br />right to foreclose and sell the Property; and to take any action required of Lender, including, but not limited to, releasing or canceling this <br />Security Instrument. <br /> <br />BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and <br />convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend <br />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-uniform covenants with limited <br />variations by jurisdiction to constitute a uniform security instrument covering real property. <br /> <br />Borrower and Lender covenant and agree as follows: <br /> <br />UNIFORM COVENANTS. <br /> <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt <br />evidenced by the Note and late charges due under the Note. <br /> <br />2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with <br />the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied <br />against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. <br />In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development <br />("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly <br />payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a <br />monthly charge instead ofa mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be <br />determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to <br />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 maximum amount <br />that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.c. Section 2601 <br />et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion <br />or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the <br />account may not be based on amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shalI account to <br />Borrower for the excess funds as required by RESP A. If the amounts of funds held by Lender at any time are not sufficient to pay the <br />Escrow Items when due, Lender may notifY the Borrower and require Borrower to make up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to <br />Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items <br />(a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and <br />Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by <br />Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). <br /> <br />3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: <br />Eirst, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead <br />of the monthly mortgage insurance premium; <br />Sel::ilnd, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance <br />premiums, as required; <br />Third, to interest due under the Note; <br />E.aw:th, to amortization of the principal of the Note; and <br />Eifth, to late charges due under the Note. <br /> <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in <br />existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. <br />This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements <br />on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All <br />insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall <br />include loss payable clauses in rovor 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 promptly <br />by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, <br />instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either <br />(a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in <br />paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the <br /> <br />FHA Nebraska Deed of Trust with MERS . 4/96 <br />IDS, Inc. <br /> <br />Initials <br /> <br />Amended 7/04 <br /> <br />Eft- /~ <br /> <br />Page 2 of 6 <br />