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201106775 <br />monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess <br />insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this <br />Security Instrument shall be paid to the entity legally entitled thereto. <br />In the event of foreclosure of this Security Instrument or other transfer of title to the Property that <br />extinguishes the indebtedness, all right, title and interest of Bonower in and to insurance policies in force <br />sha11 pass to the purchaser. <br />5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan <br />Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Bonower's principal <br />residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale <br />or transfer of the Properiy) and shall continue to occupy the Property as Bonower's principal residence for <br />at least one year after the date of occupancy, unless Lender determines that requirement will cause undue <br />hardship for Bonower, or unless extenuating circumstances exist which aze beyond �orrower's control. <br />Borrower shall notify Lender of any extenua.ting circumstances. Borrower sha11 not commit waste or destroy, <br />damage or substantially change the Property or a11ow the Property to deteriorate, reasonable wear and tear <br />excepted. Lender may insgect the Progerty if the Property is vaca.nt or abandoned or the loan is in default. <br />Lender may take reasonable acrion to protect and preserve such vacant or abandoned Property. Borrower <br />shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate <br />inforniation or statements to Lender (or failed to provide Lender with any maxerial informarion) in <br />connecrion with the loan evidenced by the Note, including, but not limited to, representations concerning <br />Barrower's occupancy of the Property as a principal residence. If this Security Instru.ment is on a leasehold, <br />Borrower shali comply wi�li tfie pmvision,s of the lease. If �orrower acquires fee ritle to the Property, the <br />leasefiold aud fee titte s�at� nat t� merged unless Lender agrees to the merger in: wriring. <br />6. Canderrtnation. '�tse groc�eds a� an.y aw+ard or claim for datna.ges, ctire,ct or consequential, in connection <br />with any conctee�nnatian or othea ta�ciag of afsy part of the Property, or for conveyance in place of <br />condeni�tian, �re hereby �ig� a�d stiaTS be gaid to Lender ta the extent of the futl amount of the <br />indebtedness that rema.ins ianpaicY �ttnder tfie Note auct this Security Instrument. Lender shall apply such <br />proceeds to the reductio� of tS�e iac�ebteci�sess under tYze Note ane� this Security Instrumeni, first to any <br />delinquent amovnts applied in the order provided 'm paragraph 3, and then to prepayment of principal. Any <br />apglication of the prciceeds to t�e priIICipal shall not extend or postpone the due date of the monthly <br />pay�rcents, which are referre� to ux paragragfi 2� or change the aznount of such payments. Any excess <br />proceeds over aYn a�nount re�i,rer� to gay aII oirtstandiag indebtedness unc�er the Note and tFus �curity <br />Instx�ment shall he paid to the e�ity Iegalty entitled thereto. <br />7. Charges to Borrower and Protection of Lender's Rights ire the Property. Bvnower shall pay all <br />governmentat or municipal charges, 8nes and imgosirions that are not included in paragraph 2. Borrower <br />sha11 pay these obligarions on time directly to the enrity which is owed the payment. If failure to pay would <br />adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to <br />Lender rec;eipts evidencing these payments. <br />If Borrower fails to make these payments or the payments required by pazagraph 2, or fails to perform any <br />other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may <br />significantly affect Lender's rights in the Properly (such as a prQCeeding in bankruptcy, for condemnation or <br />to enforce laws or regularions), then Lender may do and pay whatever is necessary to protect the value of the <br />Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items <br />menrioned in paragraph 2. <br />FHA Deed of Trust-NE 4/96 <br />VMP � VMP4R(NE) �1105) <br />Wolters Kluwer Flnancial Services Page 4 of 10 <br />