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201103639
<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 Bonower's escrow account under the Real Estate Settlement Procedures
<br />Act of 1974, 12 U.S.C. Secrion 2601 et seq. and implementing regularions, 24 CFR Part 3500, as they may be
<br />amended from time to time ("RF.SPA"), except that the cushion or reserve permitted by RESPA for unanricipated
<br />disbursements or disbursements before the Borrower's payments are available in the account may not be based on
<br />amounts due for the mortgage insurance premium.
<br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender
<br />shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any
<br />time aze not sufFicient to pay the Escrow Items when due, Lender may notify the Bonower and require Bonower to
<br />make up the shortage as permitted by RESPA.
<br />The Escrow Funds are pleflged as addirional security for all sums securefl by this Security Instrument. If
<br />Borrower tenders to Lender the full payment of all such sums, Bonower's account shall be credited with the balance
<br />remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lsnder has
<br />not b�ome obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
<br />Immediately prior to a foreclosure sale of the Properiy or its acquisirion by Lender, Bonower'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 1 and 2 shall be applie� 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 the
<br />S�retary instead of the monthly mortgage insurance premium;
<br />Second, to any taxes, sp�ial assessments, leasehold payments or ground rents, and fire, flood and other hazazd
<br />ins�,rance 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. Bonower shall insure all improvements on the Property, whether
<br />now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which
<br />Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
<br />requires. Bonower shall also insure all improvements on the Property, whether now in e�stence or subsequently
<br />er�ted, against loss by floods to the extent r�uired by the Secretary. All insurance shall be carried with companies
<br />approved by Lender. The insurance policies and any renewals shall be held by I.ender and shall include loss payable
<br />clauses in favor of, and in a form acceptable to, Lender.
<br />In the event of loss, Bonower sha11 give Lender immediate notice by mail. Lender may make proof of loss if not
<br />made promptly by Borrower. Each �nc�,ran� �mpany 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 />procee�s may be applied by I.ender, at its option, either (a) to the re�iuction 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 procee�s to the
<br />principal shall not extend or postpone the due date of the monthly payments which aze 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 Note and this Security Instnvmment shall be}�aid to the entity legally ent�tlefl thereto.
<br />In the event of foreclosure of this Security instivment or other transfer of tit�e to the Property that extinguishes
<br />the indebtedness, all right, title and interest of Bonower in and to insurance policies in force shall pass to the
<br />purchaser.
<br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
<br />Leaseholds. Borrower shall occupy, establish, and use the Properiy as Borrower's principal residence within sixry
<br />days after the ex�ution of this Security Instrument (or within sixty days of a later sale or transfer of the Property)
<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 Lender determines that requirement will ca.use undue hardship for Bonower, or unless extenuating
<br />circumstances exist which are beyond Bonower's control. Bonower shall notify Lender of any extenuating
<br />FHA Deed of Trust-NE 4/88
<br />VMP � n ry VMP4R(NE) (0809)
<br />Wolters Kluwer Financial Services ��.� Pege 3 of 9
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