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2oioo4~ss <br />security is not lessened. If the restoration or repair is not economically feasible or Lender's security <br />would be lessened, the insurance proceeds shall be applied first to the reduction of any <br />indebtedness under the Second Note and this Security Instrument. Any excess insurance proceeds <br />over an amount required to pay all outstanding indebtedness under the Second Note and this <br />Security Instrument shall be paid to the entity legalty entitled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of title to the <br />Property that extinguishes the indebtedness, all right, title and interest of Harrower in and to <br />insurance policies in force shall pass to the purchaser. <br />4. Uccupaney,Preservation,Maintenanceand Protectionof the Property;Borrower'sl_oan <br />Application;Leaseholds.Borrower shall occupy, establish, and use the Property as Borrower's <br />principal residence after the execution of this Security Instrument, and Borrower (or at least one <br />Borrower, if initialty mare than one person are Borrowers) shall continue to occupy the Property as <br />Borrower's principal residence for the term of the Security Instrument. "rrincipal residence" shall <br />have the same meaning as in the Loan Agreement. <br />Borrower shall not commit waste or destroy, damage or substantialty change the Property or <br />allow the Property to detetrnrate, reasonable wear and #ear excepted. Horrower shall also be in <br />default if Bamawer, during the kyan application process, gave materially false or inaccurate <br />information or statements to Lender (or failed to provide Lender with any material information) in <br />connection with the ban evidenced by the Note, including, but not limited to, representat~ns <br />concerning Borrower's occupancy of the Property as a principal residence. If this Security <br />Instrument is on a leasehold, Bomawer shall comply with the provisions of the lease. If Borrower <br />acquires fee title to the Property, the leasehaki aril fee title shall not be merged unless Lender <br />agrees to the merger in writing. <br />5. Chargesto Borwowerand Protectionof Lendor'sRightsin the Property. Borrower shall <br />pay all governmental or municipal charges, fines and impositions that are not included in Paragraph <br />2. Harrower shall pay these obligations on time directly to the entity which is owed the payment. If <br />failure to pay would adversely affect Lender's interest in the Property, upon Lender's request <br />Borrower shall promptty furnish to Lender receipts evidencing these payments. Borrower shall <br />promptly discharge any lien which has priority over this Security Instrument in the manner provided <br />in Paragraph 12(c). <br />If Borrower fails to make these payments or the property charges required by Paragraph 2, <br />or fails to pertorm any other covenants and agreements contained in this Security Instrument, or <br />there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a <br />proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do <br />and pay whatever is necessary to protect the value of the Property and Lender's rights in the <br />Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. <br />To protect Lender's security in the Property, Lender shall advance and charge to Horrower <br />all amounts due to the Secretary for the Mortgage Insurance Premium as defined in the Loan <br />Agreement as well as all sums due to the loan servicer far servicing activities as defined in the Loan <br />Agreement. Any amounts disbursed 6y Lender under this Paragraph shall become an additional debt <br />of Harrower as provided far in the Loan Agreement and shall be secured by this Security <br />Instrument. <br />B. Inspection. Lander ar its agent may enter on, inspect or make appraisals of the Property <br />in a reasonable manner and at reasonable times provided that Lender shall give the Horrower notice <br />prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which must <br />be related to Lender's interest in the Property. If the Property is vacant or abandoned or the loan is <br />in default, Lender may take reasonable action to protect and preserve such vacant or abandoned <br />Property without notice to the Borrower. <br />7. Condemnation.The proceeds of any award or claim for damages, direct or consequential, <br />in connection with any condemnation or other taking of any part of the Property, or for conveyance <br />in place of condemnation shall be paid to Lender. The proceeds shall be applied first to the <br />reduction of any indebtedness under a Second Note and this Security Instrument. Any excess <br />proceeds over an amount required to pay all outstanding indebtedness under the Second Note and <br />this Security Instrument shall be paid to the entity legalty entitled thereto. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary far the Home <br />Bquity Conversion Mortgage Insurance Program. <br />First American Loan Production Services Nebraska HECM Secontl Security Instrument <br />~ 20p8 First Amedcan Real Estate Solutions LLC <br />FALPS>x US10~ 04/06 NMFL #8608ANE pac Id: L1GNE Page 9 <br />