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201108259 <br />covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." <br />Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security <br />Inshvment; 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 lnnited to, the right to foreclose <br />and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling <br />this Security Instrutnent. <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to <br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower <br />watrants artd will defend generally Yhe title to the Property against all claims and demands, subject to any <br />encumbrances of record. <br />THIS SECURITY INSTRLTMENT combines uniform covenants for national use and non-uniform covenants with <br />timited variations by jurisdiction to constitute a uniform security instrument covering real property. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest and Late Charge. Borrower 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 />2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shatl 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) t�es 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 insurance required under pazagraph 4. In any year in which the Lender must pay a <br />mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in <br />which such premium would have been required if Lender still held the Secwity Instrument, 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 (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, <br />in a reasonable amount to be determuted by the Secretary. Except for the monthly chazge by the Secretary, these items <br />aze called 'Bscrow Items" and the sums paid to Lender aze 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 />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. §260I e- t sea. and implementing regulations, 24 CFR Part 350Q as they may be amended <br />from time to time ("RESPA"), except that the cushion or reservepernutted by RESPA for unanricipated 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 pemutted to be held by RESPA, Lender shall <br />account to Botrower for the excess funds as required by RESPA. If the amounts of fiutds held by Lender at any time <br />aze not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make <br />up the shortage as pernritted by RESPA. <br />The Escrow Funds are pledged as additional securiTy for all sums secured by this Security Instrument. If <br />Borrower tenders to Lender the full payment ofall 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 obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. <br />Immediately prior to a forecloswe sate of the Property or its acquisirion by Lender, Borrower's account shall be <br />credited with any balance remaining for all instalUnents for items (a), (b), and (c). <br />3. Application of Payments. All paytnents under pazagaphs 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 <br />the Secretary instead of ttie monthly mortgage insurance premium; <br />SECOND, to any ta2ces, special 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 chazges due under the Note. <br />4. PYre, F'lood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, <br />whether now in existence or subsequently erected, against any hazards, casualries, and contingencies, including fire, <br />for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that <br />Lender requires. Bonower shall also insure all improvements on the Property, whether now in ea�istence or <br />subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be cazried with <br />companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include <br />loss payable clauses in favor 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 proof 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 Borrower and to Lender jointly. All or any part of the inswance <br />proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and <br />ttris Security Instnunent, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment <br />of principal, or (b) to the restoration or repair of the damaged Proper[y. Any application of the proceeds to the <br />principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or <br />change the amouni of such payments. Any excess inswance proceeds over an amount required to pay all outstanding <br />indebtedness under the Note and this Secwity Instrument shall be paid to the entity legally entitled thereto. <br />FHA NEBRASKA DEm OF TRUST - MERS pcelle8/c� <br />NmOT2.FHA 05/23/11 Page 2 of 7 www.dxmagic.mm <br />III��I�IIIII IIIII���I II�I�I II I II��I�IIIII IIII�II III <br />