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<br />200902834
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<br />and shall continue to occupy the Propcrty as Borrower's principal residence for at least one ycar aftcr the datc of
<br />occupancy, unless Lendcr determines that requirement will cause undue hardship for Borrower, or unless extenuating
<br />circumstances exist which are beyond Borrowcr's control. Borrower shall notify Lender of any cxtenuating
<br />circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow
<br />thc Property to deteriorate, reasonable wear and tcar exccptcd. Lender may inspect the Property if the Propcrty is
<br />vacant or abandoned or thc loan is in default. Lender may take reasonable action to protcct and preserve such vacant
<br />or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave
<br />materially false or inaccurate information or statements to Lender (or failed to providc Lender with any material
<br />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. If this Security Instrument is on a
<br />leasehold, Borrower shall comply with thc provisions of the lease. If Borrower acquires fee title to thc Propcrty, thc
<br />leasehold and fec title shall not be merged unless Lender agrees to the merger in writing.
<br />6. Condemnation. The procceds of any award or claim for damages, direct or consequcntial, in connection
<br />with any condcmnation or other taking of any part of the Property, or for conveyance in place of condemnation, are
<br />hereby assigned and shall be paid to Lcnder to thc extent of the full amount of the indebtedness that remains unpaid
<br />under the Notc and this Security Instrument. Lender 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 of the proceeds to the principal shall not cxtcnd
<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 arc 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 adverscly affcct
<br />Lender's interest in the Property, upon Lender's request Borrowcr 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 ofthe 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. Lcnder may collect fees and charges authorizcd by thc Secrctary.
<br />9. Grounds for Acceleration of Debt.
<br />(a) Default. Lender may, except as limited by rcgulations issued by the Secretary in the case ofpaymcnt
<br />dcfaults, require immediatc 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
<br />Instrument prior to or on the due date of the next monthly paymcnt, or
<br />(ii) Borrower defaults by failing, for a pcriod of thirty days, to pcrform any othcr obligations
<br />contained in this Security Instrumcnt.
<br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341 (d)
<br />of the Garn-St. Germain Depository Institutions Act of 1982, 12 V.S.C. 1701j-3(d)) and with the prior
<br />approval of the Secretary, require immediate payment in full of all sums secured by this Security Instnunent 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 transfcrred (other than by devise or descent), and
<br />(ii) The Property is not occupied by the purchaser or grantee as his or her principal rcsidcnce, 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,
<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 of payment defaults, to require immediate payment in full and forcclose if not
<br />paid. This Security Instrument does not authorize acceleration or foreclosure ifnot permittcd by regulations
<br />of the Secretary.
<br />(e) Mortgage Not Insured. Borrowcr 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
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<br />FHA NEBRASKA DEED OF TRUST - M ERS
<br />NEDOTZ, FHA 11/01/08
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