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201004460 <br />and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date oC <br />occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating <br />circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating <br />circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow <br />the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is <br />vacant of abandoned of the loan is in default. Lender may take reasonable action to protect 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 of statements to Lender (or failed to provide Lender with any material <br />information) in connection with the loan evidenced by the Note, including, but nok 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 the provisions of the lease. If Borrower acquires fee title to the Property, the <br />Leasehold and Cee 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 vt consequential, in connection <br />with any condemnativn of other taking of any part of the Property, or for conveyance in place of condetmnation, ate <br />hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid <br />under the Nvte and this Security lnstrumtent. Lender shall apply such proceeds to the reduction of the indebtedness <br />under the Note and this Security Iusttutneut, 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 extend <br />or postpone the due date of the monthly payments, which are referred to in paragraph. 2, or change the amount of such <br />payments. Any excess proceeds ever alt amount requited to pay all outstanding indebtedness under the Note and this <br />Security lnstrument shall be paid to the entity legally entitled thereto. <br />7. Charges to Borrower and Protection of Lender's Rights in the Property. Burrower shall pay all <br />governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay <br />these obligativtts on time directly to the entity which is owed rite payment, If failure to pay would adversely affect <br />Leader's interest in the Property, upon Lender's request Borrower 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 Coils tv perform any other <br />covenants and agreements contained in this Security Instrutnettt, or tltete is a legal proceeding that may significantly <br />affect Lender's rights in rite Property (such as a proceeding ht bankruptcy, Cor condemnation or tv 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 lnstrument. 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 />Burrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: <br />(a) agrees in writing to tkte payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests <br />in good faith the lien by, or defends against enforcemett 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 tkte 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 />nvtice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above witltitt <br />10 days of 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 <br />defaults, require imtttediate payment in full of all Burns secured by this Security lnstrument iC: <br />(i) Borrower defaults by failing to pay itt Cull any monthly payment requited by this Security <br />Instrument prior to or on the due date of the next monthly payment, or <br />(ii) I3vrrower defaults by failing, I'or a period of thirty days, tv perfvrm any ether obligations <br />cvntained in this Security Instrument. <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(4) <br />of the Gatn-St. Germain Depository Institutions Act of 1982, 12 U.5.C. 1701j-3(d)) and with the prior <br />apptvval of the Secretary, require immediate payrnettt in full of all sums secured by this Security Instrument 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 of otherwise transferred (other than by devise or descent), and <br />(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the <br />purchaser of 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 net requite such payments, Lender does not waive its rights with respeca tv subsequent events. <br />(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit <br />bender's rights, in the case of payment defaults, to require immediate paytrtent in full and foreclose if not <br />paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations <br />oCthe Secretary. <br />(e) Mortgage Not Insured. Burrower agrees that if this Security Instrument and the Note are not <br />determined to be eligible Cor insurance under the National Housing Act within 6 0 DAYS <br />FHA NEBRASKA DEFT OF TRUST -MFRS OOCMagIC ~iT4.CPlh7it~, 800-BA9-1382 <br />NEDOTZ.FHA 11/01/08 Page 3 of 7 www.docmagic.com <br />~~~ <br />