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<br />200902454
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<br />and sell the Property; and 10 take any action required of Lender including, but not limited 10, releasing or canceling
<br />this Security Instrument.
<br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right 10
<br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower
<br />warrants and will defend generally the title 10 the Property against all claims and demands, subject 10 any
<br />encumbrances of record.
<br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
<br />limited variations by jurisdiction to constitute a uniform security instrument covering real property.
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<br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
<br />1. hyment of Principal, Interest lIDd Late Chlll'ge. Borrower shall pay when due the principal of, and
<br />interest on, the debt evidenced by the Note and late charges due under the Note.
<br />2. Mo..thly Paymellt of Tues, I...ul'llllee, IlIld Other Cblll'gell. Borrower shall include in each monthly
<br />payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
<br />special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the
<br />Property, and (c) premiums for insurance required mlder paragraph 4. In any year in which the Lender must pay a
<br />mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
<br />which such premium would have been required if Lender still held the Security Instrument, each monthly payment
<br />shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
<br />or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
<br />in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items
<br />are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
<br />Leuder may, at any time, collect and hold amounts for Escrow Hems 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
<br />Act of 1974, 12 U.S.C. ~2601 ~. and implementing regulations, 24 CFR Part 3500, as they may be amended
<br />from time to time ("RESP A"), except that the cushion or reservepermitted by RESP A for unanticipated disbursements
<br />or disbursements before the Borrower's payments are available in the account may not be based on amounts due for
<br />the mortgage insurance premium.
<br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESP A, Lender shall
<br />account to Borrower for the excess funds as required by RESP A. If the amoun1li of funds held by Lender at any time
<br />are not sufficient to pay the Escrow Items when due, Lender may notifY the Borrower and require Borrower 10 make
<br />up the shortage as permitted by RESP A.
<br />The Escrow Filllds are pledged as additional security for all sums secured by this Security Instrument. If
<br />Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance
<br />remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has
<br />not become obligated to pay 10 the Secretary, and Lender shall promptly refund any excess funds 10 Borrower.
<br />Immediately prior to a fureclosure sale of the Property or its acquisition by Lender, .Borrower's account shall be
<br />credited with any balance remaining for all installments for items (a), (b), and (c).
<br />3. AppneatioQ of paYlIIl!Il1s. All payments under paragraphs I and 2 shall be applied by Lender as follows:
<br />FIRST, 10 the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by
<br />the Secretary instead of the monthly mortgage insurance premilllD;
<br />~, to any taxes, special asseasmen1li, leasehold payments or ground ren1li, and fire, flood and other ha:zard
<br />insurance premiums, as required;
<br />IH!!Yb to interest due under the Note;
<br />FQURTJI, to amortization of the principal of the Note; and
<br />FIFTH, to late charges due under the Note.
<br />4. Flre, Flood ...d Other HlIZlU'd Insurance. Borrower shall insure all improvements on the Property,
<br />whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, illCluding fire,
<br />for which Lender requires insurance. This insurance shall be maintained in the amoun1li and for the periods that
<br />Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or
<br />subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with
<br />companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include
<br />loss payable clauses in favor of, and in a form acceptable to, Lender.
<br />In the event of loss, Borrower shall give Leuder immediate notice by mail. Lender may make proof of loss if not
<br />made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
<br />for such loss directly 10 Leuder, instead of to Borrower and to Lender jointly. All or any part of the insurance
<br />proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness mlder the Note and
<br />this Security Instrument, first to any delinquent amoml1li applied in the order in paragraph 3, and then to prepayment
<br />of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
<br />principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
<br />change the amount of such paymen1li. Any excess insurance proceeds over an amount required to pay all outstanding
<br />indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
<br />In the event of foreclosure of this Security Instrument or other traosfer of title to the Property that extinguishes the
<br />indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
<br />5. OceupaDey, Preservation, MaiutenllllCe and Proteetiou ofthe Property; Borrower's Loa.. Application;
<br />Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
<br />days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property)
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<br />FHA NEBRASKA DEB) OF TRUST - MERS
<br />NEDOTZ.FHA 11/01/08
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<br />DOdf/lIfIi.: ~ 800.8~9.1382
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