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20120044G <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />- This Securiry Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modif'ications of <br />the Note; and (ii) the performance of Bonower's covenants and agreements under this Securiry Instrument and the Note. For <br />this purpose, Borrower irrevoca.bly grants and conveys to Trustee, in trust, with power of sale, the following described <br />�; property located in the ........................................................ CQUNn.'.......................................................... of <br />[Type of Recording Jurisdiction] <br />.Ha�� ......................... .... ...... ............................... <br />..... . ................. • <br />[Name of Recording Jurisdiction] <br />SEE ATTACHED EXHIBIT A <br />which currently has the address of ..............................................8502 �11 S��ultz Rd................................................ <br />[streetl <br />........................... Wood River............................, Nebraska. ................6$$$3:8.40z................. ("Property Address"): <br />[City] [Zip Code] <br />TOGETHER WITH a11 the improvements now or hereafter erected on the property, and all easements, appurtena.nces, <br />and fixtures now or hereafter a part of the properly. All replacements and additions shall also be covered by this Securiry <br />Instrument. All of the foregoing is referred to in this Securiry Instrument as the "Property. " <br />BORROWER COVENANTS thax Borrower is lawfully seised of the estate hereby conveyed and ha.s the right to grant <br />and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and <br />will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for na.tional use and non-uniform covenants with limited <br />variations by jurisdiction to constitute a uniform securiry instniment covering real property. <br />UNIFORM COVENANTS. Borrower and Lender covena.nt and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower sha11 pay <br />when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late cha.rges due <br />under the Note. Borrower sha11 also pay funds for Escrow Items pursua.nt to Section 3. Payments due under the Note and this <br />Securiry Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment <br />under the Note or this Securiry Instrument is retumed to Lender unpaid, Lender may require tha.t any or all subsequent <br />payments due under the Note and this Security Instrument be ma.de in one or more of the following forms, as selected by <br />Lender: (a) cash; (b) money order; (c) certif'ied check, bank check, treasurer's check or cashier's check, provided any such <br />check is drawn upon an institution whose deposits are insured by a federal agency, instrumentaliry, or entiry; or (d) Electronic <br />Funds Transfer. <br />Payments are deemed received by Lender when received at the location designaxed in the Note or at such other location <br />as ma.y be designated by Lender in accorda.nce with the notice provisions in Section 15. Lender may return any payment or <br />partia.l payment if the payment or partial payments are insufficient to bring the Loan current. Lender ma.y accept aay payment <br />or partial payment insuff'icient to bnng the Loan cunent, without waiver of any rights hereunder or pre�udice to its nghts to <br />refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such <br />payments are accepted. If each Periodic Payment is applied as of its scheduled due daxe, then Lender need not pay interest on <br />unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan cunent. If Borrower <br />does not do so within a reasona.ble period of time, Lender shall either apply such funds or return them to Borrower. If not <br />applied earlier, such funds will be applied to the outstanding principal balance under the Note unmediately prior to foteclosute. <br />No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making <br />payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Securiry <br />Insttument. <br />2. Application of Payments or Proceeds. Except as otherwise described ia this Section 2, a11 payments accepted and <br />applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under <br />the Note; (c) amounts due under Section 3. Such �ayments shall be apphed to ea.ch Periodic Payment in the order in which it <br />became due. Aay rema.ining amounts shall be apphed first to late charges, second to any other amounts due under this Securiry <br />Instrument, and then to reduce the principal balance of the Note. <br />If Lender receives a payment from Bonower for a delinquent Periodic Payment which includes a sufficient amount to <br />pay any late cha.rge due, the payment ma.y be applied to the delinquent payment and the late charge. If more tha.n one Periodic <br />Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, <br />and to the e3ctent that, each payment ca.n be pasd in full. To the extent that any excess exists after the payment is applied to the <br />full payment of one or more Penodic Payments, such excess ma.y be applied to any late charges due. Voluntary prepayments <br />shall be applied first to any prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not <br />extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower sha.11 pay to Lender on the day Periodic Payments are due under the Note, until <br />the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other <br />items which can atta.in prioriry over this Securiry Instrument as a lien or encumbrance on the Property; (b) leasehold payments <br />or ground rents on the Property, if any; (c) premiums for any and a11 insurance required by Lender under Section 5; a.nd (d) <br />Mortgage Insurance premiums, if any, or any sums payable by Bonower to Lender in lieu of the paymeut of Mortgage <br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At originaxion or <br />at any time during the term of the Loan, Lender ma.y require tha.t Communiry Association Dues, Fees, and Assessments, if any, <br />be escrowed by Borrower, and such dues, fees and assessments sha11 be an Escrow Item. Borrower shall promptly furnish to <br />Lender a11 notices of amounts to be paid under this Section. Borrower sha11 pay Lender the Funds for Escrow Items unless <br />Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender ma.y waive Bonower's obligation <br />to �ay to Lender Funds for an� or a11 Escrow Items at any time. Any such waiver may only be in wciting. In the event of such <br />warver, Borrower shall pay dtrectly, when and where payable, the amounts due for any Escrow Items for which payment of <br />Funds has been waived by Lender and, if Lender requites, sha11 furnish to Lender receipts evidencing such payment within <br />such time period as Lender ma.y require. Borrower's obligation to make such payments and to provide receipts shall for all <br />purposes be deemed to be a covenant and apreement contained in this Secunry Instru,ment, as the phrase "covena.nt and <br />agreement" is used in Section 9. If Borrower �s obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower <br />NEBRASKA—Single Family—Fannie MaelFreddie Mac UNIFORM INSTRUMENT Fo_rm 3028 1/01 <br />Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8/17/2000 (page 2 of 7pages) �� v� <br />