|
20110293G
<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 rewrd. Borrower
<br />warrants and will defend generally the title to the Properry 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 />lunited variations by jurisdiction to constitute a uniform security instrument covering real propetty.
<br />UNIFOF�IA COVENANTS. Bonower and Lender covenant and agree as follows:
<br />1. Payment of Principal, Interest and Late Charge. Bonower shall pay when due the principal of, and
<br />interest on, the debt evidenced by the Note and late chacges due under the Note.
<br />2. Monthly Payment of Taxes, Insurance, and Other Charges. Bonower shall include in each monthly
<br />payment, together with the principal and interest as set forth in the Note and any late chazges, a sum for (a) taxes and
<br />special assessmeirts levied or to be levied against the Property, (b) leasehold payments or ground rents on the
<br />Property, and (c) pretniwns for insurance required under pazagraph 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 also include either: (i) a sum for the annual mortgage insurance premiwn to be paid by Lender to the Secretary,
<br />or (ii) a monthly chazge instead of a mortgage inswance premium if this Security Instrument is held by the Secretary,
<br />in a reasonable amount to be detetmined by the Secretary. Except for the monthly charge by the Secretary, these items
<br />aze 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 amount not to exceed the
<br />maximutn amount that may be reyuired for Bonower's escrow account under the Real Estate Settlement Procedwes
<br />Act of 1974, 12 U.S.C. §2601 et sea. and implementing regulations, 24 CFR Part 350Q as they may be amended
<br />from time to time ("RESPA" ), except that the cushion or reserve permitted by RESPA for unanticipated disbursements
<br />or disbursements before the Bonower' s payments aze available in the account may not be based on amounts due for
<br />the mortgage insurance premiwn.
<br />If the amounts held by Lender for Escrow Itetns 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 require Borrower to make
<br />up the shortage as pernutted by RESPA.
<br />The Escrow Funds aze pledged as additional security for all swns secured by this Secutity Insfiunent. If
<br />Borrower tenders to Lender the full payment of all such swns, Borrower' s account shall be credited with the balance
<br />remaining for all installment items (a), (b), and (c) and any mortgage insurance premiwn installment that Lender has
<br />not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Bonower.
<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 remaicvng for all installments for items (a), (b), and (c).
<br />3. Application of Payments. All payments under paragraphs 1 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 chazge by
<br />the Secretazy instead of the monthly mortgage insurance premiwn;
<br />SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
<br />insurance premituns, as required;
<br />THIItD, to interest due under the Note;
<br />FOURTH, to amortization of the principal of the Note; and
<br />FIFTH, to late chazges due under the Note.
<br />4. FSre, 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 fire,
<br />for which Lender requires inswance. This insurance shall be maintained in the amounts and for the periods that
<br />Lender reyuires. Borrower shall also insure all unprovements on the Property, whether now in existence or
<br />subsequently erected, against loss by floods to the extent required by the Secretary. All insurance 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 fauor of, and in a form acceptable to, Lender.
<br />In the event of loss, Borrower shall give Lender immediate norice by mail. Lender may make proof of loss if not
<br />xnade promptly by Borrower. Each insurance company concemed is hereby authorized and directed to make payment
<br />for such loss directly to Lender, instead of to Bonower 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 reducrion of the indebtedness under the Note and
<br />this Security Instrument, first to any delinquent amounts applied in the order in pazagraph 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 aze referred to in pazagraph 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 Note and this Security Instrument shall be paid to the entity legally ecrtitled thereto.
<br />In the event of foreclosure of this Secw�ity Inshrument or other lransfer of title to the P�operty that extinguishes the
<br />indebtedness, all right, title and interest of Borrower in �d to insurance policies in force shall pass to the purchaser.
<br />5. Occupancy, Preservation, Maintenance sod Protection of t6e Property; Borrower's Loan AppGcation;
<br />Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
<br />days after the execution of this Security Instrwnent (or within sixty days of a later sale or transfer of the Property)
<br />FHA NEBRASKA D� OF TRUST - MERS podllapM �vDOO�
<br />NmOTZ.FHA 11/01I08 Page 2 of 7 www.docmagic.com
<br />II I I) I III I II I I I II I I�II I I II I I II I II II I I I I I I II I I IIIIIII III
<br />
|