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200147805 � 20010'761200147805 or regulation that governs the same subject matter. As used in this Security Instrument, "RE SPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not quality as a "federally related mortgage loan" under RESPA. (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 obligations under the Note and /or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and mo difications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Hall [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Lot Twenty -six (26), Amick Acres West Subdivision, Hall County, Nebraska. which currently has the address of 311 Sunset [Street] Doniphan . Nebraska 68832 ( "I'roperty Address"): [City) [ %ip Code) TOGETHL'R WITH all the improvements now of hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the toregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is laxk -ally seized of the estate hereby conveyed and has the right to grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a unit<mm security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, [he debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay bads for 1 ;scrow Items pursuant to Section 3. Payments due under the Note and this Security 111Slru111CI l shall be made in U.S. currency. H0vVCy'eI', if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument he made in one or more of the following loans, as selected by Lender: (a) cash; (b) money order: (c) certified check, hank check, treasurer's check or cashier's check, provided any such check 'IS drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment ur partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insudicient to bring the Loan current, without waiver of any rights hereunder or preiudice to its rights to refuse such payment or partial payments in the future. but Lender is not obligated to apply such payments at the time such payments are accepted. It each Periodic Pavment is applied as of its scheduler) due date, then lender need not pay interest on unapplied fiends. Lender may hold such uriapplied funds until 1orrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such binds or return them to Borrower. If not applied earlier, such tunds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against ),ender shall relieve Borrower from making payments due under the Note and this Security Instrument or pertorning the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall he applied in the following order of priority: (a) interest due under the Note, (b) die due under the Note: (c) amounts due under Section 3. Such payments Shall be applied to each Periodic I'ayrnent in t ne ordder in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. NEBRASKA -- Single Family -- Fannie Mac /Freddie Mac I INIFORNI INs,nw;NIF,NT Form 31128 1 101 (p(rse _' of S pages) 9754CV(2/01) (a1043 t i( TO (0056134e)