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201004460
<br />and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling
<br />this Security Instrutnent.
<br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the tight to
<br />grant and convey the Property and that the Prvperty is unencumbered, except for encumbrances of recvrd. Borrower
<br />warrants and will defend generally the title to the Prvperty against all claims and demands, subject to 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 unifvtm security iusttumettt covering real property.
<br />UNfFORM COVENANTS. Borrower and Lender covenant and agree as follows:
<br />1. Payment of Principal, Interest and Late Charge. 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. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each mvnthly
<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 under paragraph 4. In any year in which the Lender must pay a
<br />mortgage insurance premium tv the Secretary of Ilousing and Urban lleveloptnent ("Secretary"), or in any year in
<br />which such premium would have been required if Lender still held the Security Insttwnent, each mvnthly 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 />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate atnouttt not to exceed the
<br />maximum amount that may be required for Borrower's escrow accowtt under the Real Estate Settlement Procedures
<br />Act of 1974, 12 U.S.C. §2601 et seg. and implementing regulations, 24 CFR Patt 3500, as they may be amended
<br />from time tv time ("RESPA" ), except that the cushion or reserve permitted by RESPA 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 RESPA, Lender shall
<br />account to Borrower for the excess funds as required by RESPA. if the amounts 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 requite Borrower to make
<br />up the shortage as permitted by RESPA.
<br />The Escrow Funds are pledged as additional security for all sutras 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 pretttium installment that Lender Itas
<br />not become obligated tv pay tv the Secretary, and Lender shall promptly refund any excess funds to Borrower.
<br />Immediately prior to a foreclosure 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. Application of Payments. All payments under paragraphs l and 2 shall be applied by Lender as follows:
<br />FIRST, to the mortgage insurance premium tv be paid by Lender to the Secretary or to the monthly charge by
<br />the Secretary instead of the monthly mortgage insurance premium;
<br />SECONll, to arty taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
<br />insurance premiums, as required;
<br />'THIRD, to interest due under the Note;
<br />FOURTH, to amortization of the principal of the Note; and
<br />FIF'I'll, to late charges due under the Note.
<br />Q. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
<br />whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including ftre,
<br />for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that
<br />Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence vt
<br />subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with
<br />cvmpatties approved by Lender. The insurance policies and any renewals shall be Iteld by Lender and shall include
<br />loss payable clauses in favor of, attd in a form acceptable to, Lender.
<br />In the event of loss, Borrower shall give Lender immediate notice by mail. Lender tnay make proof of loss if not
<br />made promptly by Borrower. F.,ach insurance company concerned is hereby authorized and directed to make payment
<br />for such loss directly to Lender, 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 under the Note and
<br />this Security Instrument, first to any delinquent amounts 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 of postpone the due date of the mvnthly payments which are referred to in paragraph 2, or
<br />change the amount of such payments. Any excess insurance proceeds over au amount required to pay all outstanding
<br />indebtedness under the Note and this Security Instrutnent shall be paid to the entity legally entitled thereto.
<br />In the event of foreclosure of this Security Instrument or other ttattsfet of title tv the Property that extinguishes the
<br />indebtedness, all tight, title and interest of Borrower in and tv insurance policies in force shall pass to the purchaser.
<br />5. Occupancy, Preservation, Maintenance and Protection of the Property; $orrower's Loan Application;
<br />Leaseholds. Borrower shall occupy, establish, and use the Prvperty as Borrower's principal residence within sixty
<br />days after the execution of this Security Instrument (or within sixty days of a later sale of transfer of the Property)
<br />FHA NF~RASKA [7EF~] OF TRUST -MFRS DocMaglc ~,~rmn.~ aoo-sas-tsss
<br />NEDOTZ.FHA 11!01/08 Paga 2 of 7 www.docmaglc.com
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