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201200077 <br />1111061281 <br />(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is <br />acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under <br />this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address <br />and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. <br />(F� "Note" means the promissory note signed by Borrower and dated DECEMBER 20, 2011. The Note <br />states that Borrower owes Lender FORTY THOIISAND THREE HIINDRED AND 00/100 Dollars <br />(U.S. $42, 300 . 00) plus interest. Borrower has promised to pay this debt in regular Perio�ic Payments and <br />to pay the debt in full not later than JANIIARY l, 2027. <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the <br />Property." <br />(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges <br />due under the Note, and all sums due under this Security Instrument, plus interest. <br />(n "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following <br />Riders are to be executed by Borrower [check box as applicable]: <br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />❑ Balloon Rider 0 Planned Unit Development Rider ❑ Biweekly Payment Rider <br />❑ 1-4 Family Rider � Other(s) [specify] <br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, <br />ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non <br />-appealable judicial opinions. <br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other <br />charges that are imposed on Borrower or the Property by a condominium association, homeowners <br />association or similar organization. <br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, <br />draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, <br />computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an <br />account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine <br />transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. <br />(M) "Escrow Items" means those items that are described in Section 3. <br />(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by <br />any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) <br />damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; <br />(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or <br />condition of the Property. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, <br />the Loan. <br />(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the <br />Note, plus (ii) any amounts under Section 3 of this Security Instrument. <br />(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its <br />implementing regulation, Regulation X(24 C.F.R. Part 3500), as they might be amended from time to time, <br />or any additional or successor legislation or regulation that governs the same subject matter. As used in this <br />Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a <br />"federally related mortgage loan" even if the Loan does not qualify as a"federally related mortgage loan" <br />under RESPA. <br />(R) "Successor in Interest of Borrower" means any party that has taken title to the Properiy, whether or <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />� 338.5 Page 2 of 14 Form 3028 1/Ol <br />