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�Q110325� <br />and sball continue to occupy the Property as Borrower's principal residence for at least one year after the date of <br />occupancy, unless Lender determines that requiteme� will cause undue hardship for Bonower, or ualess extenuating <br />circvmstances exist which aze beyond Borrower's control. Bortower sha11 notify Lendet of any extenuating <br />circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow <br />the Ptoperty to deteriorate, reasonable wear and tear e�ccepted. Lender may inspect the Properry 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 loan appfication pra�, gave <br />meterially false or iaaccutate information or statements to Lender (or failed to provide Lender with any material <br />information) in cmmection with the loan evidenced by the Note, including, but not limited to, representations <br />concerning Bonower's occupancy of the Properiy as a principal residence. If this Security Instrument is on a <br />leasehold, Borrower shaII comply with the provisions of the leese. If Botrower acquires fee title to the Property, the <br />leasehold and fee title sha11 not be merged unless Lender agrees to the merger in writing. <br />6. Condemoaflon. The proceeds of any award or claim for damages, direct or consequential, in connection <br />with any condemnation or otfier taking of any pact of the Property, or for wnveyance in place of condemnation, are <br />heteby assigned and ahall be paid to Lender to the extent of the full amount of the indebtedness that remains u�aid <br />under the Note and this Security Instrument. Lender shall apply such prot�eds to the reduction of the indebtedness <br />uttder the Note and this Security Instnnnent, frrst to any delinquent amounls applied in the order provided in <br />pazagreph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend <br />or postpone the due date ofthe monthly payment�, which arezeferredto in paragraph 2, or change fhe amount ofsucL <br />Payments. Any excess proceeds over an amount requited to gay all outctanding indebtedn�ss under the Note and this <br />Security Inshvment shall be paid to the enrity legally entitled thereto. <br />7. Charges to Borrower and Pratection of Lender`s Rights in the Properiy. Borrowet shall pay all <br />governmental or municipal charges, fines and impositions tUat aze not included in paragaph 2. Borrower shall pay <br />these obligations on time directly to the entity wirich is owed the paymen� If failure to pay would adversely affect <br />Lender's intetest in the Property, upon Lender's request Borrower shall promptly fiirnisfi to Lender receipts <br />evidencing tfiese payments. <br />If Borrower faiLs to make these paymettts or the paymenta required by paragraph 2, or fails to perform any other <br />covenants and agreements contained in this Security Inshument, or there is a legal proceeding that may signific�ntly <br />affect Lender's rights in the Ptopetry (such as a prvicee3ing in banlQUptcy, for condemnarion or to enforce 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 the Properiy, including payment of taxes, hazard insurance and other items mentioned in paragrapk 2. <br />Any amounfs disbursed by Lender under Uus paragaph shall become an additional debt of Bonower and be <br />sec�ued by this Security Instrument These amounts shall bear interest from the date of disbursement at the Note rate, <br />and ai the option af Lender ahall be immediately due and payable. <br />Bonower shall promptly discharge any lien which has griority over this Security Instrument unless Borrower: <br />(a) ag�'ees in writing w the payment of the obligation sec�ued by the lien in a manner acceptable to I.ender; (b) contests <br />in good faith the lien by, or defends against enforcement of the lien in, legal proceedings wlrich in the Lettder's <br />opinion operate to preveat the enforcement of the lien; or (c) secures from the holder of the lien an agreement <br />satisfactory to Lender subordinating the lien to Uris Security Instrument If Lender determines thaY any part of the <br />Property is subject to a lien wluch may aitain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the lien. Borrower ahall satisfy the lien or take one or more of the actions set forth above within <br />10 days of the giving of noflce. <br />& Fees. Lender may collect fees and chazges authorized by the Secretary. <br />9. Gmands for Acceleratlon of Debt <br />(a) Defanit Lender may, except as limited by regulations issued by the Secretary in the case of payment <br />defaults, re.quire immediate payment in full of all sums secured by this Security Instmm�ent if <br />(i) Borrower defaults by failing to pay in full azry monthly payment required by this Security <br />Instrument prior to or on the due date of the next monthly payment, or <br />(ri) Bonower defaults by failing, for a period of thirty days, to perform aay other obligations <br />contained in this Security Instrumen� <br />(b) Sale Wit4out GYedit Approval. Lender shall, ifpermitted by applicable law (including section 341(c� <br />of the Gatn-St. Germain Depository Institutions Act of 1982, I2 U.S.C. 17U1j-3(d)) and with the prior <br />agproval of tbe Se�r�7; require immediate payment in full of all sums se�aued by this Security Instrument iF <br />(i) All or part of the Property, or a beneficial interest in a trust owning all or pazt of the Properry, is <br />sold or otherwise haasferred (other than by devise or descent), and <br />(ii) 1'he Property is not occupied by the piachaser or grantee as his or her principal residettce, or the <br />purchaser or grante� does so occupy the Properry, 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 reqirire immediate payment in full, <br />but I.endea does not require such payments, I.�der does �t waive its rights with resp�t to �bsequent events. <br />(d) Regalaflons of HUD Secretary. In many circumstances regulations issued by the Secretary will limit <br />Lender's rights, in the case of payment defaults, to reqirire imT„�t;�+a payment in full and foreclose if not <br />paid This Security Instrument does not authorize acceleralion or foreclosttte if not permitted by regulations <br />of the Secxetary. <br />(e) Mortgage Not Inemed. Borrower agrees that if this Security Instrument and the Note are not <br />determined to be eligi'bla for insurance under the National Housing Act wiUvn 6 0 DAYS <br />FHA NFBRASKA D� OFTRU3T- MERS p�y��� <br />NEDOTZ.FHA 11/01/08 Pege 3 of l yvww,docmag/c.mm <br />lll�l� 11111 Il II� II01 I � I a 01 I III�I II�� I I� <br />