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i �_ _i r��, <br />covered by this Secwity Instrumea� All of the foregoing is referredto in this Sec�mty Instrument as the "Propetty." <br />Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in Uvs Security <br />Instrument; but, if necessary to comply wifli law or custom, MERS (as aominee for Lender and Lender's successors <br />and assigus) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose <br />aad sell the Properry; and m take any action required of Lender including, but not limited to, releasing or canceling <br />this Sec�uity Instrument <br />BORROWER COVENAN'fS that Borrower is lawfully seised of the estate hereby conveyed and has the right to <br />grant and convey the Properiy and that the Property is uaencumbered, except for encumbrances of record Borrower <br />warranfs and will defend generally the title to tire ProPertY againat all claims and demands, subje�t to any <br />encumbtances of reoord <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants wifh <br />limited vaziations by jurisdiction to constitute a uaiform security instrument covering real PI'oP�'h'• <br />UNIFORM COVEWANTS. Borrower and Lender covenant and agree as follows: <br />1. Payirtent of A3ndpal, Interest and Late Charge. Borrower shall pay when due the principal o� and <br />interest on, the debt evidenced by the Note and late charges due undet the Note. <br />2. Mont3ily Payment of Tages,, Insw�ance, and Other Chargea. Borrower shall include in each monthly <br />Payment, together with the principal and interest as aet forth in the Note and any late charges, a sum for (a) taxes and <br />special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the <br />Property, and (c) premiums for inaurance reqirired under paragrapfi 4. In azry year in w}rich the Lender must pay a <br />mortgage insurance premiimi to the Secretary of Housing and Urban Development ("Secretary"), or in azry yeaz in <br />wluch such premium would have been required if Lendcr still held the Security Instrument, each monthly payment <br />shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender w the Secretary, <br />or (ii) a mvnthly charge iastead of a mortgage insurance premium if Uus Security Insirument is held by the Secxetary, <br />in a reasonable amount to be determined by the Secretary. Except for the monthly chazge by the Se�retary, these items <br />are called "Escrow Ttems" and the sums paid to I,ender aze called "Escrow Funds." <br />Lender may, at azry time, collect and hold amotmts for Escrow Items in an aggregate amount not to exceed the <br />maximum amoumt that may be required for Bonower' s escrow account under the Real Bstate Settlement Procedures <br />Act of 1974, 12 U. S. C. §2601 et sea. and implementing regulations, 24 CFR Part 3500, as tkey may be amended <br />from time to time ("RESPA"), except that the cushion orreserveparmitted by RESPA for uoanticipated disbursements <br />or disbursements before the Bonower' s payments are available in the account may not be based on amounts due for <br />the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall <br />account to Bonower for the excess funds as reqtured by RESPA. If the amounts of funds held by Lender at any time <br />aze not sufficient to pay the Escrow Items when due, Lender may norify the Borrower aad require Borrower to make <br />up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional seciuity for all siuns sec�ued by this Security Instrument. 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 premi� installment that Lender has <br />not become obligated to pay to the Secretary, and Lender shall pramptly refimd any excess funds to Bonower. <br />Immediately prior to a foreclosure sale of the Property or its acquisirion by Lender, Bonower's accoimt shall be <br />credited with azry balance remaining for all installments for items (a), (b), and (c). <br />3. ApplicaHon 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 charge by <br />the Secretaty instead of the monthly mortgage insurance premium; <br />SECOND. to azry taaces, special assessments, leasehold paymettt� ar ground rents, and fire, flood and other ha�ard <br />insurance premiums, as required; <br />THIItD. to interest due under the Note; <br />FOURTH. to amorti�ation of the principal of the Note; and <br />FIFTH, to late chazges due under ihe Note. <br />4. FYre, Flood and Other Hezard Insurance. Bonower shall insure all improvements on the Propetty, <br />whether now in existence or subsequenflY e�'ecf�d, a�ainst anY hazards, casualties, and contingencies, including fire, <br />for which Lender reqirire.s insurance. 'This insucance shall be maintained in the amounts and for the petiods tl�at <br />Lender requires. Bonower shall also insure all improvements on the Property, whether now in existence ar <br />subsequenfly erected, against loss by fIoods to the extent reqtured by the Secretary. All ivsiurance shall be cairied with <br />companies approved by Lender. The insurance policies and any renewals ahall be held by Lender and sl�all include <br />loss payable clauaes in favor o� and in a form acceptable to, Lender. <br />In the event of loss, Borrower shali give Lender immediate notice by mail. Leader may make proof of loss if not <br />made promptly by Bonower. Each insurance company concerned is hereby suthorizefl and directed to make payment <br />for such loss directly W Lender, instead of to Borrower and to Lender jointly. All or azry part of the insurance <br />proceeds may be applied by Leader, at its option, either (a) to the re�uction of the indebtedne.ss uader the Note and <br />this Security Instrument, first to any delinqueat amounts applied in the order in Patagc'aPh 3, and then to prepayment <br />of principal, or (b) to the restoration or repair of the damaged Properry. Any application of the proceeds to the <br />principal sha11 not entend or postpone t1re due dete of the monthly paymeats which are referred to in paragraph 2, ar <br />change the amount of such payments. tlny excess insurance proceeds over an amount required to pay all outstanding <br />indebtedness imder the Note and this Security Instrument sha11 be paid to the etttity legally eatifled thereto. <br />FHA N�RASKA DE@ OF TRUST - MERS � � <br />NEDOTZ.FHA 05/23/11 page 2 of 7 www.doanaglc.aom <br />