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20040082'7 <br />CASE #: NE3212335781729 DOC ID #: 0004903231501004 <br />Trustee, in trust, with power of sale, the following described property located in <br />HALL County, Nebraska: <br />LOT TWO HUNDRED SEVENTY THREE (273) IN WEST LAWN ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. <br />which has the address of 1316 N BROADWELL AVE, GRAND ISLAND <br />[Street, City] <br />Nebraska 68803-3051 ( "Property Address "); <br />[Zip Code] <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and <br />fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. <br />All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS <br />holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or <br />custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those <br />interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender <br />including, but not limited to, releasing or canceling this Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and <br />convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will <br />defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited <br />variations by jurisdiction to constitute a uniform security instrument covering real property. <br />Borrower and Lender covenant and agree as follows: <br />UNIFORM COVENANTS. <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the <br />debt evidenced by the Note and late charges due under the Note. <br />2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, <br />together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments <br />levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for <br />insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary <br />of Housing and Urban Development ( "Secretary"), or in any year in which such premium would have been required if Lender <br />still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance <br />premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this <br />Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly <br />charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum <br />amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. <br />Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ( "RESPA "), <br />except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's <br />payments are available in the account may not be based on amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account <br />to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to <br />pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by <br />RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders <br />to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment <br />items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the <br />Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the <br />Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for <br />items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary <br />instead of the monthly mortgage insurance premium; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance <br />premiums, as required; <br />Third, to interest due under the Note; <br />Fourth, to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in <br />existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires <br />insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure <br />all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent <br />Initials: £ G <br />�® 4N(NE) (9802).01 CHL (04/01) Page 2 of 6 <br />