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201601766 <br />(I) `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 <br />final, non - appealable judicial opinions. <br />(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments <br />and other charges that are imposed on Borrower or the Property by a condominium association, <br />homeowners association or similar organization. <br />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated <br />by check, draft, or similar paper instrument, which is initiated through an electronic terminal, <br />telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial <br />institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale <br />transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and <br />automated clearinghouse transfers. <br />(L) "Escrow Items" means those items that are described in Section 3. <br />(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or <br />proceeds paid by any third party (other than insurance proceeds paid under the coverages described <br />in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of <br />all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations <br />of, or omissions as to, the value and/or condition of the Property. <br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or <br />default on, the Loan: <br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest <br />under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et <br />seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be <br />amended from time to time, or any additional or successor legislation or regulation that governs <br />the same subject matter. As used in this Security Instrument, RESPA refers to all requirements and <br />restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does <br />not qualify as a "federally related mortgage loan" under RESPA. <br />(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, <br />whether or not that party has assumed Borrower's obligations under the Note and /or this Security <br />Instrument. <br />Transfer of Rights in the Property. This Security Instrument secures to Lender: (i) the repayment <br />of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance <br />of Borrower's covenants and agreements under this Security Instrument and the Note. For this <br />purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the <br />following described property located in the County [Type of Recording Jurisdiction] of Hall [Name <br />of Recording Jurisdiction] LOT FOUR (4), BLOCK ONE (1), IN YATES SUBDIVISION OF PART <br />OF LOT ELEVEN (11) COUNTY SUBDIVISION IN SECTION FIVE (5), TOWNSHIP NINE (9) <br />NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., IN THE VILLAGE OF DONIPHAN, HALL <br />COUNTY, NEBRASKA. <br />Parcel ID Number: 400184699 which currently has the address of 307 N 2nd [Street] Doniphan <br />[City], Nebraska 68832 [Zip Code] ( "Property Address"): <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, <br />appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions <br />shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security <br />Instrument as the "Property." <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and <br />has the right to grant and convey the Property and that the Property is unencumbered, except for <br />encumbrances of record. Borrower warrants and will defend generally the title to the Property against <br />all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform <br />covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. <br />Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late <br />Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the <br />Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds <br />V01.1.1.2781 <br />NEBRASKA- Single FamIly- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP® <br />Wolters Kluwer Financial Services 2016032116.1.0.3454- N20160211N <br />Form 3028 1/01 <br />02/2016 <br />Page 2 of 12 <br />