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200300132 or regulation that governs the same subject matter. As used in this Security Instrument, "ROSPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means mly party that has taken title to the Property, whether or not that party has assumed Borrower's obi igations under the Nate and/or this Security Instrument. TRANSFER OF RIGHTS I N I HE PROPERTY This Security Instrument secures to Lender. (i) die repayment of the Loan, and all renewals, extensions and modifications of the Note; and (it) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Burrower irrevocably grams and conveys to Trustee, in trust, with power ofsale, the following described property located in the County of Hall ['type of Recording Jurisdiction] [Name of Recording Jurisdiction] Lot Nine (9), Westwood Park Fifth Subdivision In the City of Grand Island, Hall County, Nebraska. which currently has the address of 4151 Elmwood [Street] Grand Island ,Nebraska 69803 ('Property Address "): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter apart ofthe property. All replacements and additions shall also be covered by this Security Instrument All ofthe foregoing Is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized ofthe estate hereby conveyed and has the right to grant mid convey the Property mid that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generallythe title to the Property against all claims and demands, subject to anyencumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nun - uniform covenants with limited variations byjurisi fiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow It ems, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of and interest on, the debt evidenced by the Note and any prepayment charges and late charges due undo, the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, ifany check or other instrument received by Lender m payment under the Note or this Security Instrument is returned to lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, hank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a tederal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by I ender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment ifthe payment or partial payments are insufficient to bring the Lomh current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver ofany rights hereunder or prejudice[o its ngh[s to refuse such payment or ppartial payments in the future, but Lender is not obligated to apply such payments at the rime such payments are accepted Ifeach Periodic Paymen[is applied as ofits scheduled due date, then Lender need not pay interest on uI pplied tends. Lender ay ho II Suc t unopplied funds until Borrowers ekes payment to bring lhcTo current. If Borrower does not do so within a reasonable period of time, Lender shall either a ply such }ands or return them to Borrower. It net applied earlier, such funds will be applied to the outstanding principal balance under the No, immcdmu'ly prior to foreclosure. No offset or claim which Bmrmver might have now or in the future a ainst lender shall relieve Borrower trom making payments due under the Note and this Security Instrument or performing the covenants and agmcmcnty secured by III Scounty Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment In the order In which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, mid then to reduce the principal balance ofthe Note. NEmfA.SKA-- Single Family- Fannie Mae /Poem, MIa, UN I FORM INSTRUM ENT Form3028 1/01 (pnge2of8ygqe.,) W54CV(1/02) 1634690 G0170(000d253)