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202403805
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Last modified
8/9/2024 3:54:13 PM
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8/9/2024 3:54:09 PM
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DEEDS
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202403805
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202403805 <br />BORROWER REPRESENTS, WARRANTS, COVENANTS, AND AGREES that: (i) Borrower lawfully <br />owns and possesses the Property conveyed in this Security Instrument in fee simple or lawfully has the right to <br />use and occupy the Property under a leasehold estate; (ii) Borrower has the right to grant and convey the Property <br />or Borrower's leasehold interest in the Property; and (iii) the Property is unencumbered, and not subject to any <br />other ownership interest in the Property, except for encumbrances and ownership interests of record. Borrower <br />warrants generally the title to the Property and covenants and agrees to defend the title to the Property against all <br />claims and demands, subject to any encumbrances and ownership interests of record as of Loan closing. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use with limited variations and <br />non-uniform covenants that reflect specific Nebraska state requirements to constitute a uniform security instrument <br />covering real property. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower will pay each <br />Periodic Payment when due. Borrower will also pay any late charges due under the Note, and any other amounts <br />due under this Security Instrument. Payments due under the Note and this Security Instrument must be made in <br />U.S. currency. If any check or other instrument received by Lender as payment under the Note or this Security <br />Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the <br />Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; <br />(b) money order; (c) certified check, bank check, treasurer's check, or cashier's check, provided any such check is <br />drawn upon an institution whose deposits are insured by a U.S. federal agency, instrumentality, or entity; or (d) <br />Electronic Fund Transfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or at such <br />other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may <br />accept or return any Partial Payments in its sole discretion pursuant to Section 2. <br />Any offset or claim that Borrower may have now or in the future against Lender will not relieve Borrower <br />from making the full amount of all payments due under the Note and this Security Instrument or performing the <br />covenants and agreements secured by this Security Instrument. <br />2. Acceptance and Application of Payments or Proceeds. <br />(a) Acceptance and Application of Partial Payments. Lender may accept and either apply or hold in <br />suspense Partial Payments in its sole discretion in accordance with this Section 2. Lender is not obligated to <br />accept any Partial Payments or to apply any Partial Payments at the time such payments are accepted, and also is <br />not obligated to pay interest on such unapplied funds. Lender may hold such unapplied funds until Borrower <br />makes payment sufficient to cover a full Periodic Payment, at which time the amount of the full Periodic Payment <br />will be applied to the Loan. If Borrower does not make such a payment within a reasonable period of time, <br />Lender will either apply such funds in accordance with this Section 2 or return them to Borrower. If not applied <br />earlier, Partial Payments will be credited against the total amount due under the Loan in calculating the amount <br />due in connection with any foreclosure proceeding, payoff request, loan modification, or reinstatement. Lender <br />may accept any payment insufficient to bring the Loan current without waiver of any rights under this Security <br />Instrument or prejudice to its rights to refuse such payments in the future. <br />(b) Order of Application of Partial Payments and Periodic Payments. Except as otherwise described <br />in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: <br />First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the <br />Secretary instead of the monthly mortgage insurance premiums; Second, to any taxes, special assessments, <br />321-4020758-703 <br />1555500389 <br />NEBRASKA - FHA Deed of Trust With MERS 70228MNE 01/2023 <br />Page 5 of 20 <br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289 <br />I <br />N <br />
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