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200105409 <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation, Regulation X (24 <br />C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same <br />subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally <br />related mortgage loan" even if the Loan does 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, whether or not that party has assumed Borrower's <br />obligations under the Note and/or this Security Instrument. <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the <br />performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants <br />and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Hall: <br />Real Property tax identification number is 400169207. <br />Lots 6 and 7, Block 1, Harb Subdivision, Village of Cairo, Hall County, Nebraska (Note: This is the legal description per vesting <br />Deed. Harb Subdivision does not contain blocks.) <br />which currently has the address of 608 Egypt Street, Cairo, Nebraska 68824 ( "Property Address "): <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or <br />hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred <br />to in this Security Instrument as the "Property." <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property <br />and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property <br />against all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by <br />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, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal <br />of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay <br />funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. <br />However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender <br />unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the <br />following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided <br />any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds <br />Transfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be <br />designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment <br />or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan <br />current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not <br />obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, <br />then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan <br />current. If Borrower does not do so within a reasonable 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 immediately prior to foreclosure. No offset or claim <br />which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this <br />Security Instrument or performing the covenants and agreements secured by this Security Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender <br />shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section <br />3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first <br />to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge <br />due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may <br />apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. <br />To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be <br />applied to any late charges due. Voluntary prepayments 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 extend or postpone <br />the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in <br />full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this <br />Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for <br />any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to <br />Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow <br />Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if <br />any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all <br />notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's <br />obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow <br />NEBRASKA - Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 2 of 8 <br />