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202405339
<br />Additional Definitions
<br />(H) "Applicable Law" means all controlling applicable federal, state, and local statutes, regulations,
<br />ordinances, and administrative rules and orders (that have the effect of law) as well as all applicable final,
<br />non -appealable judicial opinions.
<br />(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments,
<br />and other charges that are imposed on Borrower or the Property by a condominium association,
<br />homeowners association, or similar organization.
<br />(J) "Default" means: (i) the failure to pay any Periodic Payment or any other amount secured by this
<br />Security Instrument on the date it is due; (ii) a breach of any representation, warranty, covenant,
<br />obligation, or agreement in this Security Instrument; (iii) any materially false, misleading, or inaccurate
<br />information or statement to Lender provided by Borrower or any persons or entities acting at Borrower's
<br />direction or with Borrower's knowledge or consent, or failure to provide Lender with material information
<br />in connection with the Loan, as described in Section 8; or (iv) any action or proceeding described in
<br />Section 12(e).
<br />(K) "Electronic Fund Transfer" means any transfer of funds, other than a transaction originated by
<br />check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
<br />instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
<br />or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller
<br />machine transactions, transfers initiated by telephone or other electronic device capable of communicating
<br />with such financial institution, wire transfers, and automated clearinghouse transfers.
<br />(L) "Electronic Signature" means an "Electronic Signature" as defined in the UETA or E-SIGN, as
<br />applicable.
<br />(M) "E-SIGN" means the Electronic Signatures in Global and National Commerce Act (15 U.S.C.§ 7001
<br />et seq.), as it may be amended from time to time, or any applicable additional or successor legislation that
<br />governs the same subject matter.
<br />(N) "Escrow Items" means: (i) taxes and assessments and other items that can attain priority over this
<br />Security Instrument as a lien or encumbrance on the Property; (ii) leasehold payments or ground rents on
<br />the Property, if any; (iii) premiums for any and all insurance required by Lender under Section 5; (iv)
<br />Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment
<br />of Mortgage Insurance premiums in accordance with the provisions of Section 11; and (v) Community
<br />Association Dues, Fees, and Assessments if Lender requires that they be escrowed beginning at Loan
<br />closing or at any time during the Loan term.
<br />(0) "Loan" means the debt obligation evidenced by the Note, plus interest, any prepayment charges,
<br />costs, expenses, and late charges due under the Note, and all sums due under this Security Instrument, plus
<br />interest.
<br />(P) "Loan Servicer" means the entity that has the contractual right to receive Borrower's Periodic
<br />Payments and any other payments made by Borrower, and administers the Loan on behalf of Lender. Loan
<br />Servicer does not include a sub-servicer, which is an entity that may service the Loan on behalf of the Loan
<br />Servicer.
<br />(Q) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds
<br />paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for:
<br />(i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
<br />1555500402
<br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 07/2021
<br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289 Page 3 of 22
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