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200412251 <br />(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following <br />Riders are to be executed by Borrower [check box as applicable] : <br />❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider <br />Xx Balloon Rider ❑ Planned Unit Development Rider <br />❑ 1 -4 Family Rider ❑ Biweekly Payment Rider <br />(J) "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 />(K) "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 <br />association or similar organization. <br />(L) "Electronic Funds 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, wire transfers, and automated clearinghouse <br />transfers. <br />(M) "Escrow Items" means those items that are described in Section 3. <br />(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid <br />by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) <br />damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the <br />Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the <br />value and /or condition of the Property. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, <br />the Loan. <br />(P) "Periodic Payment" means the regularly scheduled amount due for principal and interest under the <br />Note, plus 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 its <br />implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to <br />time, or any additional or successor legislation or regulation that governs the same subject matter. As used <br />in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard <br />to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage <br />loan" under RESPA. <br />(R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or <br />not that party has assumed Borrower's obligations under the Note and /or this Security 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 secures to <br />Lender the repayment of the Loan, and all renewals, extensions and modifications of the Note. This <br />Security Instrument also secures to Lender the performance of Borrower's covenants and agreements <br />under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys <br />to Trustee, in trust, with power of sale, the following described property located in the <br />County of HALL <br />[Type of Recording Jurisdiction] [Name of Recording Jurisdiction] <br />Borrower Initials_ <br />GMD Nebraska Junior Lien DOT - HC Form 33703.3 05/17/02 (page 2 of 13 pages) <br />