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201806613 <br />Loan does not qualify as a "federally related mortgage loan" under RESPA. <br />(R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party <br />has assumed Borrower's obligations under the Note and/or this Security Instrument. <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) <br />and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, <br />and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and <br />agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to <br />Trustee, in trust, with power of sale, the following described property located in the County of Hall: <br />Real Property tax identification number is 400183773. <br />Lot Eight (8), Block Three (3), Gideon's Addition to Doniphan, Hall County, Nebraska, according to the <br />recorded plat thereof. <br />which currently has the address of 208 N 4th St, Doniphan, Nebraska 68832-9577 ("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 shall also be <br />covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." <br />Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security <br />Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and <br />assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and <br />sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this <br />Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to <br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower <br />warrants and will defend generally the title to the Property against all claims and demands, subject to any <br />encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with <br />limited variations by 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 <br />when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late <br />charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due <br />under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument <br />received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may <br />require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of <br />the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurers check <br />or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal <br />agency, instrumentality, or entity; or (d) Electronic Funds Transfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or at such other <br />location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return <br />any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender <br />may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights <br />hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated <br />to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its <br />scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until <br />Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, <br />Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the <br />outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might <br />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 <br />and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due <br />under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the <br />order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other <br />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 <br />to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than <br />one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the <br />Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists <br />after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any <br />late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the <br />Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall <br />not extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Finds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, <br />until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments <br />and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) <br />leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender <br />under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the <br />payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called <br />"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community <br />Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments <br />shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. <br />Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for <br />any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at <br />any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and <br />where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if <br />Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may <br />require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a <br />covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in <br />Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the <br />amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 2 of 8 <br />