f'
<br />200409896
<br />2431394
<br />(E) "Note" means the promissory note signed by Borrower and dated October 7, 2004
<br />The Note states that Borrower owes Lender
<br />Thirty —Nine Thousand Four Hundred Seventy —Five And 00 /100
<br />Dollars (U.S. $ 39, 475.00 ) plus interest. Borrower has promised to pay this debt in
<br />regular Periodic Payments and to pay the debt in full not later than November 1, 2034
<br />(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
<br />Property."
<br />(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
<br />under the Note, and all sums due under this Security Instrument, plus interest.
<br />(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders
<br />are to be executed by Borrower [check box as applicable]:
<br />❑ Adjustable Rate Rider E] Condominium Rider [J Second Home Rider
<br />Balloon Rider Planned Unit Development Rider ❑ Biweekly Payment Rider
<br />1 -4 Family Rider Other(s) [specify]
<br />Rx VA Rider
<br />(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances
<br />and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable
<br />judicial opinions.
<br />(.n "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 />(K) "Electronic Funds 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, wire transfers, and automated clearinghouse transfers.
<br />(L) "Escrow Items" means those items that are described in Section 3.
<br />(M) "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 />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
<br />Loan.
<br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
<br />plus (ii) any amounts under Section 3 of this Security Instrument.
<br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
<br />regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or
<br />successor legislation or regulation that governs the same subject matter. As used in this Security Instrument,
<br />"RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage
<br />loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
<br />(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
<br />that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
<br />TRANSFER OF RIGHTS IN THE PROPERTY
<br />This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
<br />modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
<br />Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with
<br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 1 /01
<br />Modified For VA
<br />DOCU3NE2 (Page 2 of 14 pages)
<br />DOCU3NE2.VTX 05/10/2004
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