Laserfiche WebLink
201006840 <br />and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling <br />this Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to <br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of rec:ard. Borrower <br />warrants and will defend generally the title to the Property 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 uniform security instrument covering real property. <br />UNIFORM COV~NANT$. Barrower 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 monthly <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 ar graund runts 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 to the Secretary of Housing and Urban Development ("Secretary"), or in any year in <br />which such premium would have been required if Lender still held the Security Instrument, each monthly payment <br />shall alsa include either: (i) a sum for the annual mortgage insurance premium to be paid by Lander to the Secretary, <br />ar (ii) a monthly charge instead of a mortgage insurance prerniurn if this Security Instrument is hold 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 Lendur are called "Escrow Ponds." <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the <br />maximum amount that may be required for Borrower's escrow account under the Rual Estate Settlement Prcx:edures <br />Act of 1974, 12 U.S.C. §2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended <br />from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursernetits <br />or disbursements before the Barrower's payments are available in the accaunt may not be based on amounts due for <br />the mortgage insurance prerniurn. <br />if the amounts held by Lendur for Escrow Items exceed the amounts permitted to be held by RESPA, Lander shall <br />account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lendur at any time <br />are not sufficient to pay the Escrow Items when. due, Lender may notify the Barrower and require Borrower to make <br />up the shortage as permitted by RESPA. <br />The Escraw Funds are pledged as additional security for all sums secured by this Security Instrument. If <br />Barrower 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 prerniurn installment that Lender has <br />not became obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrawer. <br />Immediately prior to a foreclasure sale of the Property ar its acquisition by Lendur, 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 I and 2 shall be applied by Lender as follows: <br />FIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by <br />the Secretary instead of the manthly mortgage insurance premium; <br />SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flaad 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 />FIFTH, to late charges due under the Note. <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements an the Property, <br />whether naw in existence or subsequently eructed, against any hazards, casualties, and contingencies, including tire, <br />for which Lendur 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 or <br />subsequently erected, against loss by floods to the extent required by the Secretary. All itLSUrance shall be carried with <br />companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include <br />loss payable clauses in favor af, and in a form acceptable to, Lendur. <br />In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not <br />made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment <br />for such lass directly to Lendur, instead of to Borrower and to Lander 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 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 <br />indebtedness under the Notu and this Security Instrument shall be paid to the entity legally untitled thereto. <br />In the event of foreclosure of this Security Instrutrtetit or other transfer of title to the Property that extinguishes the <br />indebtedness, all right, title and interest of Borrower in and to insurance policies in farce shall pass to the purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; <br />Leaseholds. Barrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty <br />days after the execution of this Sucurity Instrument (ar within sixty days of a later sale or transfer of the Property) <br />FHA NEBRASKA DEED OF TRUST - MERS DocMagic ~ aoo-sas-~asz <br />NEDOTZ.FHA 1 1 /O1I08 Page 2 of 7 www.docmagiacom <br />Nedoa.tha.ulil <br />