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20240329/ <br />and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable <br />judicial opinions. <br />(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments, and other <br />charges that are imposed on Borrower or the Property by a condominium association, homeowners association, or <br />similar organization. <br />(J) "Default" means: (i) the failure to pay any Periodic Payment or any other amount secured by this Security <br />Instrument on the date it is due; (ii) a breach of any representation, warranty, covenant, obligation, or agreement <br />in this Security Instrument; (iii) any materially false, misleading, or inaccurate information or statement to Lender <br />provided by Borrower or any persons or entities acting at Borrower's direction or with Borrower's knowledge or <br />consent, or failure to provide Lender with material information in connection with the Loan, as described in <br />Section 8; or (iv) any action or proceeding described in Section 11(e). <br />(K) "Electronic Fund Transfer" means any transfer of funds, other than a transaction originated by check, <br />draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, <br />computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an <br />account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, <br />transfers initiated by telephone or other electronic device capable of communicating with such financial <br />institution, wire transfers, and automated clearinghouse transfers. <br />(L) "Electronic Signature" means an "Electronic Signature" as defined in the UETA or E -SIGN, as applicable. <br />(M) "E -SIGN" means the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et <br />seq.), as it may be amended from time to time, or any applicable additional or successor legislation that governs <br />the same subject matter. <br />(N) "Escrow Items" means: (i) taxes and assessments and other items that can attain priority over this Security <br />Instrument as a lien or encumbrance on the Property; (ii) leasehold payments or ground rents on the Property, if <br />any; (iii) premiums for any and all insurance required by Lender under Section 5; and (iv) Mortgage Insurance <br />premiums to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly <br />Mortgage Insurance premiums. <br />(0) "Loan" means the debt obligation evidenced by the Note, plus interest, costs, expenses, and late charges due <br />under the Note, and all sums due under this Security Instrument, plus interest. <br />(P) "Loan Servicer" means the entity that has the contractual right to receive Borrower's Periodic Payments and <br />any other payments made by Borrower, and administers the Loan on behalf of Lender. Loan Servicer does not <br />include a sub -servicer, which is an entity that may service the Loan on behalf of the Loan Servicer. <br />(Q) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by <br />any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, <br />or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) <br />conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition <br />of the Property. <br />(R) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or Default on, the <br />Loan. <br />(S) "Partial Payment" means any payment by Borrower, other than a voluntary prepayment permitted under the <br />Note, which is less than a full outstanding Periodic Payment. <br />(T) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, <br />plus (ii) any amounts under Section 3. <br />(U) "Property" means the property described below under the heading "TRANSFER OF RIGHTS IN THE <br />PROPERTY." <br />(V) "Rents" means all amounts received by or due Borrower in connection with the lease, use, and/or occupancy <br />of the Property by a party other than Borrower. <br />321-4018862-703 <br />1555500382 <br />NEBRASKA - FHA Deed of Trust With MERS 70228MNE 01/2023 <br />Page 3 of 20 <br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289 <br />Y <br />il <br />11 <br />11 <br />