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201a09�81 <br />and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of <br />occupancy, unless I.ender determines that requirement will cause undue hardship for Burrower, or unless extenuatin�; <br />circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of' any axtenuating <br />circumstances. Borrower shall not commit waste or desrroy, damage or substantially changc thc Property or allow <br />the Properry to deteriorate, reasona6le wear and tear excepted. Lender may inspect the Property if the Property is <br />vacant or abandoned or 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 luan application process, gave <br />materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material <br />information) in connection with the loan evidenced by the Note, including, but nut limited to, representations <br />concerning Borrower's occupancy of the Properry as a principal residence. If this Security Instrument is on a <br />leasehold, [3orrower shall comply with thc provisions of che lease. if Borrower acyuires fec title to che Properry, the <br />leasehold and tbc 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 <br />with any condamnation or other taking of any pan of the Property, or for conveyance in place pf condemnation, are <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 Note and this Security Instrument, Lender shall apply such procaeds to the reduction of the indebtedness <br />under the Note and this Security Instrument, tirst to any delinquent ampunts 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 datc of the monthly payments, which are referred to in paragraph 2, or change the amount of such <br />payments. Any excess proceeds over an amount required to pay all outstanding indebicdness under the Npte and this <br />Securiry Instrument shall be paid to the entity legally entitled thereto. <br />7. Charges to Borrower and Protection of Lender'� liights in the Property. Borrower shall pay all <br />governmemal or municipa) charges, fines and impositions that are not included in paragraph 2. Borrower shall pay <br />these obligations on time direcdy to the entity which is owed the payment. If tailure to pay would adversely affect <br />Lender's in�erest in the Property, upon Lender's request Borrowar shall promptly fnrnish to Lender receipts <br />evidencing these payments. <br />If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other <br />covenants and agreements contained in this Security Instrument, or there is a legal pruceeding that may significantly <br />af'fect Lender's rights in the Properry (such as a proceeding in bankruptcy, for condemnation or to enforca laws or <br />regulations), then Lender may do and pay whatever is necessary to protect the value of the Properry and Lender's <br />rights in tha Properry, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. <br />Any amounts disbursed by L�nder 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 />9orrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: <br />(a) agrees in writing to the payment of the obligation secured hy khe lien in a manner acceptable to Lender; (b) contests <br />in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's <br />opinion operata to prevent the enforcement of' the lien; or (c) secures from thc holder of the lien an agreement <br />satisFactory to Lender subordinating the lien ro this Security lnstrument. If Lender determines that any part of the <br />Properry is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a <br />nntice identiFying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within <br />10 days of the giving of notice. <br />8. N'eex. 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 immediate payment in Full of all sums secured by this Security lnstrument if: <br />(i) Borrower defaults by failing to pay in full any monthly payment required by this Security <br />Instrumem prinr to or on the due date of the next monthly payment, or <br />(ii) 6orrower defaults by failing, for a period of thirry days, to perform any other obligations <br />contained in this Security Tnstrument. <br />(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) <br />of the Garn-St Germain Uepository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior <br />approval of the Secretary, require immecliate payment in ful] of all sums secured by this Security Instrument if: <br />(i) All or part of the Property, ar a bene�cial interest in a trust owning al] or part of the Property, is <br />sold or 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 principa] residence, or the <br />purchaser or 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. !f'circumstAnces occur that would permit Lender to require immediate payment in full, <br />but Lender does not require such paymenGs, Lender doe�; not waive its nghts wich respect to subsequcnt cvents. <br />(d) Regulations of HUD Secretary, ln many circumstances regulations issued by the Secrctary will limit <br />Lender's rights, in the cnse of payment defaults, to require immediate payment in Full and foreclose if not <br />paid. This Security Instrument daeti not authorize acceleration or fureclosure if not permitted by regulations <br />of the Secretazy. <br />(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not <br />determined to be eligible for insurance under the National Flousing Act within 6 0 DAX$ <br />� ��� <br />FMA NEBRASK74$E� OF TRUST • M�RS DacMaglcF�r•wnnnr� eoo-ea9a�cz <br />NEDpTZ.FHA 11l01/08 Page 3 of 7 www.dxmaglc.com <br />