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202403805
<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 />321-4020758-703 1555500389
<br />NEBRASKA - FHA Deed of Trust With MERS 70228MNE 01/2023
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<br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289
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