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�O�i0s077 <br />covered by this Security Instrument All of the foregoing is referred to in this Security Ins�trument as the "Property." <br />Bonower undetstands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security <br />Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender' s successors <br />and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose <br />and sell the Ptoperiy; and to take any action required of Lender including, but not limited to, releasing or canceling <br />this Security Instrument <br />BORROWER COVINANTS that Bonower is lawfully seised of the estate hereby conveyed and has the right to <br />grant and convey the Property and that the Property is unencumbeted, except for encumbrances of tecord Bonower <br />wanants and will defend generally the title to the Property against all claims and demands, subject to any <br />encumbrances of record <br />THIS SECURITY INSTRUMINT combines unifotm covenants for national use and non-imiform covenants with <br />limited variations by jurisdiction to constitute a tmiform security inshvment covering real properry• <br />UNIFORM COVENANTS Bonower and Lender covenant and agree as follows: <br />1. Payment of Princ3pal, Interest and Late C6arge. Bonower shall pay when due the principal of, and <br />interest on, the debt evidenced by the Note and late charges due under the Note. <br />Z. Monthly Payment of Tag�, Insurancc, and Other Charges. Borrower shall include in each monthly <br />payment, together with the principal and interest as set forth in the Note and any late chazges, a sum for (a) taxes and <br />special assessments levied ar ta be levied against the Property, (b) leasehold payments or ground rents on the <br />�'�P�Y, �d ��) Prrmi� for insurance reqtrired tmder paragraph 4. In any yeat in wtrich the Lender must pay a <br />mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in azry year in <br />which such premium would have been required if Lender still held the Security Instivment, each monthly payment <br />shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, <br />or (ri) a monthly charge instead of a mortgage insurance premiimm if this Sec�mty Instrument is held by the Secretazy, <br />in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items <br />are called "Escrow Items" aad the sums paid to Lender are called "Escrow Funds." <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. §2601 et sea. and implementing regularions, 24 CFR Part 3500, as they may be amended <br />from time to time ("RESPA"), except tbat the cushion or reservepermitted by RESPA for unanticipated disbursements <br />or disbursements before the Bonower' s payments are available in the account may not be based on amoimts 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 sl�all <br />account to Bonower for the excess fimds as required by RESPA. If the amounts of funds held by Lender at any time <br />are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make <br />up the shortage as permitted by RESPA. <br />The Escrow Funds aze pledged as additional security for all sums sec�aed by this Security Instivment ff <br />Borrower tenders to Lender the full payment of a11 such s�s, 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 Lender hes <br />not become obligated to pay to the Secretary, and Lender shall promptly refimd any excess funds to Borrower. <br />Immediately prior to a foreclosure sale of the Properiy or its acqirisi6on by Lender, Borrower's account shall be <br />credited with any balance remaining for all installments for items (a), (b) and (c). <br />3. AppHcaBon of Paymenta All payment� under pazagraphs 1 and 2 shall be applied by Lender as follows: <br />FIItST. to the mortgage insurance premium to be paid by Lender to the Secretary ot to the monthly charge by <br />the Secretary instead of the monthly mortgage insurance premium; <br />SECOND. to any taxes, special assessments, leasehold payments or groimd rents, and fire, flood and other hazard <br />insurance premiums, as required; <br />THIItD. to interest due under the Note; <br />FOURTH, to amorti�tion of the principal of the Note; and <br />FIFTH, to late chazges due under the Note. <br />4. Fire, Flood and Other Hazard Insmance. Borrower shall insiue all improvements on the Property, <br />whether now in existence or subsequently erected, against any harards, casualties, and contingencies, including Sre, <br />for wlrich Lender requires insivance. This insurance sha11 be maintained in the amount� and for the periods that <br />Lender requires. Boaower shall aLso insure all improvements on the Property, whether now in existence or <br />subsequenUy erected, against loss by floods to the eactent required by the �cretary. All ins�uance shall be carriedwith <br />companies approved by Lender. The ins�sance policies and any renewals shall be held by Lender and sha11 include <br />loss payable clauses in fawr of, and in a form acceptable to, Lender. <br />In the event of loss, Borrower shall give Lender immediate notice by maiL Lender may make pr�f of loss if not <br />made promptly by Borrower. Each insurance company concerned 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 />proceeds may he applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and <br />this Security rnat� fust to any delinquent amounts applied in the order in pazagraph 3, and then to Prepayment <br />of principal, or (b) ta the restoration or repair of the damaged Property. Any application of the proceeds to the <br />principal shall not extend or postpone the due date of the monthly payments wlrich are refened to in paragraph 2, or <br />change the amount of such payments. .Any excess insivance proceeds over an amount required to pay all out�tanding <br />indebtedness tmder the Note and tivs Security Instrument shall be paid to the eatity legally e�ifled thereto. <br />FHA NEBRASKA D� OF TRUST - MERS <br />NmOTZ.FHA Ob/23/11 Page 2 of 7 w�d�naqf�c.m�m <br />IIOIIUIQ01111110111�111� <br />