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200406472 <br />(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The <br />following Riders are to be executed by Borrower: <br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(,n "Applicable Law" means all controlling applicable federal, state and local statutes, <br />regulations, ordinances and administrative rules and orders (that have the effect of law) as well as <br />all applicable final, non - appealable judicial opinions. <br />(I0 "Community Association Dues, Fees, and Assessments" means all dues, fees, <br />assessments and other charges that are imposed on Borrower or the Property by a condominium <br />association, homeowners association or similar organization. <br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction <br />originated by check, draft, or similar paper instrument, which is initiated through an electronic <br />terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a <br />financial institution to debit or credit an account. Such term includes, but is not limited to, <br />point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, <br />wire transfers, and automated clearinghouse transfers. <br />(1VI) "Escrow Items" means those items that are described in Section 3. <br />(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or <br />proceeds paid by any third party (other than insurance proceeds paid under the coverages <br />described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or <br />other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) <br />misrepresentations of, or omissions as to, the value and/or condition of the Property. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or <br />default on, the Loan. <br />(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest <br />under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. <br />(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and <br />its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from <br />time to time, or any additional or successor legislation or regulation that governs the same subject <br />matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions <br />that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify <br />as a "federally related mortgage loan" under RESPA. <br />(R) "Successor in Interest of Borrower" means any party that has taken title to the Property, <br />whether or not that party has assumed Borrower's obligations under the Note and/or this Security <br />Instrument. <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's <br />successors and assigns) and the successors and assigns of MERS. This Security Instrument <br />secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications <br />of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security <br />Instrument and the Note. <br />NEBRASKA — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 1 /01 (page 2 ojl6 pages) <br />