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<br /> <br /> <br /> <br /> <br /> <br /> <br /> 200905555 <br /> <br /> <br /> <br /> <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 /> proceeds to the 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 payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under <br /> 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 transfer of title to the Property that extinguishes the indebtedness, <br /> all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. <br /> 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. <br /> Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this <br /> Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as <br /> Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause <br /> undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify <br /> Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or <br /> allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or <br /> abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. <br /> Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or <br /> statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, <br /> including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security <br /> Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee 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 for damages, direct or consequential, in connection with any <br /> condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be <br /> paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. <br /> Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent <br /> amounts applied in the order provided in paragraph 3, and then to prepayment of principal. 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 change the amount <br /> of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security <br /> 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 governmental or <br /> municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the <br /> entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request <br /> Borrower shall promptly furnish to Lender receipts evidencing these payments. <br /> If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and <br /> agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the <br /> Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever <br /> is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and <br /> other items mentioned in paragraph 2. <br /> Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this <br /> Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall <br /> be immediately due and payable, <br /> Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in <br /> writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or <br /> defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; <br /> or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender <br /> detenmines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give <br /> Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of <br /> 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 defaults, require <br /> immediate 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 Instrument prior to or on <br /> 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 in this Security <br /> Instrument. <br /> FHA Nebraska Deed of Trust with MERS - 4196 Amende /04 <br /> ins, Inc. Page 3 of 6 <br /> Initials <br />