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20ioo33s4 <br />promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, <br />Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: <br />)_ixst, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of <br />the monthly mortgage insurance premium; <br />Secnnd, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, <br />as required; <br />Third, to interest due under the Note; <br />Fn~rth_ to amortization of the principal of the Note; and <br />Fi$h, to late charges due under the Note. <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or <br />subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This <br />insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the <br />Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance <br />shall be carried with 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 Lender immediate notice by mail. Lender may make proof of loss if not made promptly by <br />Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead <br />of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the <br />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, all <br />right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. <br />S. 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 far 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 condemnation <br />or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to <br />the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such <br />proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the <br />order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or <br />postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess <br />FHA Nahraska Deed of Trust with MFRS -4/96 Ame ed 7 4 <br />Page 3 of 7 <br />ios; inc. Initials ~ ` <br />