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200300647 LOAN 3: 2232578 <br />(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative <br />rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. <br />(1) "Community Association Dues, Fees, and Assessments" means all does, fees, assessments and other charges thatare imposed <br />on Borrower or the Property by a condominium association, homeowners association or similar organization. <br />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper <br />instrument, which is initiated through an electronic levo final, Iclephonic instrument, computer, or magnetic tape so as to order, <br />instruct, or authorize a financial inslitution to debit or credit an account. Such term includes, but is not limited to, point- of-sale <br />transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />transfers. <br />(L) "Escrow Items" means those items that are described in Section 3. <br />(M) "Miscellaneous Proceeds" means any compensalioo, settlement., award ofdamages, or proceeds paid by any third party (other <br />than insurance proceeds paid under the coverages described in Section 5) for (i) damage to, or destruction of, the Property; (ii) <br />condemnation or other taking ofall or any part of the Property, (iii) conveyance in lieu of condenmation, or (iv) misrepresentations <br />of or omissions as to, the value and/or condition of the Property. <br />(N) "Mortgage Insurance" means insurance protecting Lendcr against the nonpayment of, or default on, the Loan. <br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any <br />amounts under Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate ScRlcment Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, <br />Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or <br />regulation that governs the same subject matter. As used in this Security Instmment, "RESPA" refers to all requirements and <br />restrictions that are imposed in regard to a "federally related mortgage loan" even ifthe Loan does not qualify as a "federally related <br />mortgage loan" under RESPA. <br />(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed <br />Borrower's obligations under the Note and/or this Security Instmment. <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />This Security Instrument secures tol,cridcr. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note, <br />and (ii) the performance of Borrower's covenants mid agreements under this Security Instrument and the Note. For this purpose, <br />Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the <br />COUNTY [T,,r ofRtxadm6 Jud,s a,oa]of Hall [Name of Re—ling funvtioon]I <br />LOT FOUR (4), CAPITAL HEIGHTS SIXTH SUBDIVISION, HALL COUNTY, NEBRASKA <br />which currently has the address of 4211 Texas Ave, Grand Island, <br />[streel[Ciol <br />NcbmAir 68803 -1008 (`Property Address "): <br />IZip Codcl <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. All <br />of the foregoing is referred to in this Security Instrument as the `Property." <br />BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey <br />I he Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally <br />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 />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due <br />the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. <br />Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument <br />shall be made in U.S. currency. However, if any check or other instnmrcd received by Lender as payment under the Note or this <br />Security Instrument is returned to Lender unpaid, Leader may require that any or all subsequent payments due under the Note and <br />this Security Instmment be made in one or more of the following forms, as scleetedby Lender (a) cash; (b) money order, (c) certified <br />check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are <br />insured by a federal agency, instrunicmelity, or entity, or (d) Electronic Funds Transfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may <br />be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment <br />if [lie payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment <br />insufficient tnbringthe Loan current, withoutwaiver of any rights hereunder or prejudice to its rights to refuse such payment orpartial <br />payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic <br />NEBRASKA — Single Pali- -Faun¢ Mae /Fuddle Mar UNIFORM INS'1'RU31EN, Initials. <br />Fora, 30281/01 Page 2 of 8 NEUDEeD <br />