201oo3~s1
<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 />Eirst, 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 />Secoud, 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 />EQUrtlt, to amortization of the principal of the Note; and
<br />Fifth, 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 Toss 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 />13orrawer 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 continua 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 ar 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, Bon•ower 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 ahy part of the Property, or far 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 Nebraska Deed of Trust with MERS -4/96 Amended 7/04
<br />Page 3 of 7
<br />ios, i~~. Initials ~~
<br />
|