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20110927� <br />In the event of foreclosure of this Security Instr�ent or oth� hansfer of title to the Property that extinguishes the <br />indebtedness, all right, title and inter�st of Borrower ia snd to iati�uanc� policies in force shall pass to the purchaser. <br />S• Occupancy, Preservatlon, Maintenance and Protectlon of the Property; Borrower's Loan AppllcaHon; <br />Leaseholds. Bonower shall occupy, establish, and use the Property as Borrower's principal residence within sixty <br />days after the execution of Hvs Security Instnmient (or witrrin sixty days of a later sale or transfer of the Property) <br />and shall continue to occupy the Property as $ortower's principal residence for at least one year after the date of <br />occupancy, unless Lender determines tl�at requirement will cause undue hardship for Borrower, ar unles.c extenuating <br />circumstances exist which are beyond Bonower's control. Bottower shall norify Lender of any eactenuaYing <br />circumstances. Borrower shall not commit waste or deslroy, damage or substantially change the Property or allow <br />the Properiy to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is <br />vacant or abaadoned or the losa is in defautt Lender may take teasonable action to protect and presetve such vecant <br />or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave <br />materially faLge or inaccurate information or statements to Lender (or failed to provide Lender witfi any materiat <br />information) in connection with the loan evidenced by the Note, including, but not limited to, representations <br />concerning Borrower' s occupancy of the Properiy as a principal residence. If this Security Instrument is on a <br />leacehold, Bonower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the <br />leasehold and fee title shall ttot be merged unless Lender agrees to the merger in writing. <br />6. CondemnaHon. The proceeds of any awazd or claim for damages, direct or consequential, in coanection <br />with any condemnation or othet taldng of any part of the Ptoperty, or for conveyance in place of condemnation, aze <br />hereby assigned and shall be paid to Lender to the exteat of the full amount of the indebtednes.s thaY remains uapaid <br />under the Note and this Security Instrumept. Lender shall apply such proceeds to the reduction of the indebtedness <br />under the Note and Uvs Security Instrument, first to any delinquent amounts applied in the order provided in <br />paragraph 3, and then to prepayment of principa�. Any application of tha pcoceeds to ihe principal shall not extend <br />or postpone the due date of the monthly payments, which aze referred to in pazagaph 2, or change the amount of such <br />payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this <br />Securiry Instrumeat shall be paid to the entity legally entitled thereto. <br />7. Charges to Borrower and Protection of Lender's Rightv in the Property. Borrower shall pay a11 <br />governmental or municipal chazges, Snes and impositions that are not included in paragraph 2. Bortower shall pay <br />these obligations on time direcUy to the entity wlrich is owed the payment. If failure to pay would adversely affect <br />Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts <br />evidettcing these payments. <br />If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly <br />affect Lender's rights in the Properiy (such as a proceeding in banlffuptcy, for condemoafion or to enforce laws or <br />regulations), then Leader may do and gay whatever is necescary to protect the value of the Property and Lender's <br />rights in the Property, including payment of faxes, hazard insurance and other items mentioned in pazagraph 2. <br />Any amounts disbursed by Lender under this paragraph shall become an additional debt of Bonower and be <br />secured by this Security Instrument. These amounts shall hear interest from the daYe of disbursement at the Note rate, <br />and at the oprion of Lender shall be immediately due and payable. <br />Borrower shall prompUy discharge any lien which has priority over tfris Security Instrument unless Bonower: <br />(a) agre�s in writing to the paymeat of the obligation secured by the lien in amanner acceptable to Lender; (b) contests <br />in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's <br />opinion ogerate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement <br />satisfactory to Lender subordinating the lien to tUis Security Instrument If Lender determines that any part of the <br />Property is subject to a lien wlrich may attain priority over this Security Tnstrument, Lender may give Bonower a <br />notice identifying the lien. Boaower sha11 satisfy the lien or take one or more of the acrions set forth above within <br />10 days of Yhe giving of notice. <br />& Fe�. Lender may collect fees and chazges authorized by the Secretary. <br />9. Grounds for Acceleraflon of Debt <br />(a) Defaalt Lender may, except as limited by regulations issued by the Secretary in the case of payment <br />defaults, reqirire immediate payment in full of all sums secured by this Security Instrument if: <br />(i) Borrower defaiilts by failing to pay in full any monthly payment required by this Security <br />Instrument prior to or on the due date of the next monthly payment, or <br />(n) Borrower defaults by failing, for a period of thirty days, to perform any other obligations <br />contained in this Secimty Instrument <br />(b) Sale Witho� Credit Approval. Lender shall, ifpermitted by applicable law (including secrion 341(cn <br />of the Garn-St Germain Depository Instihrtions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior <br />approval of Ure Se�r�ary, require itr�ediate paymeat in full of all siuns s�aed by dris Sacurity Instrument iF <br />(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is <br />sold or otherwise transferred (other than by devise or descent), and <br />(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the <br />purchaser or grantee dces so occupy the Properiy, but his or her credit has not been approved in <br />accordance with the requirements of the Secretary. <br />(c) No Waiver. If circumstances occiu that would permit Lender to require imatediate payment in full, <br />but I.ender does not require such Paymeots, I.ender does �t waive its rights with respact to subsequ�t events. <br />(d) Regalatlons of HUD Secretary. In many circamstances regulations issued by the Secretary will limit <br />Lender's rights, in the case of payment defaults, to require immediate payment in fu11 and fore�lose if not <br />FHA NEBI7ASKA D� OF TRUST - MEIi,S <br />NmOTLFHA OS/23/11 Page 3 oi 7 W � eg� <br />