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201103424 <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 a Second Note and Second Security Instrument held by the Secretary on the <br />Property and then to the reduction of the indebtedness under the Note and this Security <br />Instrument. 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 entitled <br />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 Borrower in and to <br />insurance policies in force shall pass to the purchaser. <br />4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrowers Loan <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 initially more than one person are Borrowers) shall continue to occupy the Property as <br />Borrower's principal residence for the term of the Security Instrument. "Principal residence" shall <br />have the same meaning as in the Loan Agreement. <br />Borrower shag not commit waste or destroy, damage or substantially change the Property <br />or allow the Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in <br />default if Borrower, during the loan 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 loan evidenced by the Note, including, but not limited to, representations <br />concerning Borrower's occupancy of the Property as a principal residence. If this Security <br />Instrument is on a leasehold, Borrower shall comply with the * provisions of the lease. If Borrower <br />acquires fee title to the Property, the leasehold and fee title shah not be merged unless Lender <br />agrees to the merger in writing. <br />5. Charges to Borrower and Protection of Lenders Rights in the Property. Borrower shall <br />pay all governmental or municipal charges, fines and impositions that are not included in Paragraph <br />2. Borrower 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 shag promptly furnish to Lender receipts evidencing these payments. Borrower shall <br />Iromptly discharge any lien which has priority over this Security <br />nstrument in the manner provided in Paragraph 12(c). <br />If Borrower fails to make these payments or the property changes required by Paragraph 2, <br />or fails to perform 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 />Pro perty including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. <br />o protect L�dei's security in the Property, Lender shall advance and charge to Borrower <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 ban servicer for servicing activities as defined in the Loan <br />Ap,g�reement. Any amounts disbursed by Lender under this Paragraph shall become an additional debt <br />Borrower as provided for in the Loan Agreement and shag be secured by this Security <br />Instrument. <br />6. Inspection. Lender or 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 Borrower notice <br />prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which must <br />be related to Lenders interest in the Property. If the property is vacant or abandoned or the ban 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 />T. Condsmnation.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 Second Security Instrument held by the <br />Secretary on the Property, and then to the reduction of the indebtedness under the Note and this <br />Security Instrument. Any excess 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 entitled <br />thereto. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary. <br />First ArrmMar► Loan Production Servxms Nebraska HECM Security Inmtrument <br />© 2006 First American Real Estate Sokibons LLC <br />FALPS # UB02 : 05/08 Page 3 <br />NMFL #8807NE (OFNE) <br />