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�0��o43s� <br />Lender may, at any tune, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the <br />maxnnum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures <br />Act of 1974, 12 U.S.C. S�tion 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be <br />amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated <br />disbursements or disbursements before the Bonower'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 Bonower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any <br />time are not sufficient to pay the Escrow Items when due, I,ender may notify the Bonower and require Bonower to <br />make up the shortage as permitted by RESPA. <br />The Escrow Funds aze pledged as additional security for all sums secured by this Security Instnxment. If <br />Borrower tenders to Lender the full payment of all such sums, Borrower'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 Lender has <br />not become obligaterl to pay to the S�retary, and Lender shall promptly refund any excess funds to Borrower. <br />Immediately prior to a for�losure sale of the Property or its acquisition by L�nder, Borrower's account shall be <br />credited with any balance rema�ning for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under paragra.phs 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 the <br />Secretary 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 hazard <br />insurance 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. Borrower shall insure all improvements on the Property, whether <br />now in existence or subsequently erected, against any hazards, casualries, 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 existence or subsequently <br />erected, against loss by floods to the extent required by the Secretary All incnran� ��1 be CSif1Cd Wittl COIIIp�10S <br />approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable <br />clauses in favor of, and in a form acceptable to, Lender. <br />In the event of loss, Bonower shall give Lender immediate noric� by ma.il. Lender may make proof of loss if not <br />made promptly by Bonower. Each insurance company concemed is hereby authorized and dire�tefl to make payment <br />for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any pazt of the inc��rance <br />proceeils may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and <br />this Security Insm�ment, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment <br />of principal, or (b) to the restorarion or repair of the damaged Property. Any applicarion of the proceeds to the <br />principal shall not extend or postpone the due date of the monthly payments which are 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 Se�urity Instrument shall be paid to the entity legally entitled ttiereto. <br />In the event of for�losure of this S�urity Instrument or other transfer of title to the Property that extinguish� <br />the indebtedness, all right, ritle 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 Property as Borrower's principal residence within sixry <br />days after the execution 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 cause undue hardship for Bonower, or unless extenuating <br />circumstances elcist which are beyond Bonower's control. Bonower shall notify Lender of any extenuating <br />FHA Deed of Trust-NE <br />VMP � <br />Wolters Kluwer Financial Services <br />a�ss <br />VMP4R(NE) (08091 <br />Page 3 of 9 <br />^� <br />