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200301622 <br />or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements <br />and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a <br />"falcmlly 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 that partyhas <br />assumed Borrower's obligations under the Note and /or this Security Instrument. <br />TRANSFER OF RIGI I'IS IN THE PROPERTY <br />This Security Instrument secures to Lender (i) the repayment ofthe Lcam, and all renewals, extensions and modifications of <br />the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. <br />For this purpose, Borrower irrevocably grards and conveys to Trustee, intrust, with power of sale, the following described <br />property located in the County _ of Hall _ <br />[Type of Recording Jurisdiction] [Name of Recording Jurisdiction] <br />Lot Five (5), in Capital Heights Sixth Subdivision, in the City of Grand Island, Hall County, Nebraska. <br />which currently has the address of4207'1'exas Are. <br />[Street] <br />Grand Island , Nebraska 68803 ( "Property Address")! <br />[City] [Zip Code] <br />TOG E'I'1 ILR WITH all [tic improvements now or hereafter erected nn the property, Laid all easements, <br />appurtenances, and fixtures now or hereafter a Part ofthe property. All replacements and additions shall also he covered by <br />this Security Instrument_ All ofthe foregoing Is referred to in this Security Instrument as the "Property." <br />BORROWER COVENANTS that Borrower is lawfully seized ofthe estate hereby conveyed and has the rightto <br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower <br />warrants and will defend generally the title to the Property against all claims and demands, subject to anyencumbrances of <br />record. <br />THIS SECURITY INSTRU MEN I combines uniform covenants for national use and non - uniform covenants with <br />limited variations byjurisdiction 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 <br />pay when due the principal of, and interest on, the debt evidenced bythe Note and any prepayment charges and late charges <br />due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note <br />and this Security Instrument shall be made in U.S. currency. However,itanv check or ther instrument received by Lender <br />as payment kinder the Note or this Security , Instrument is returned to Lender unpaid, lender mayy, require that any or all <br />subsequent payments due under the Note, and this Security Instrument be made in one or more ol'the following forms, as <br />selected by Iender: (a) cash; (b) money order, Let certified check, bank check, treasurer's check or cashier's check, <br />provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or <br />entity; or (d) Electronic Funds Transfer. <br />Papnents are deemed received by lender when received at the location designated in the Note or at such other <br />location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any <br />payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. lender mayaccept <br />any payment or partial payment insufficient to bring the Loan current, without waiver ofany rights hereunder or prejudice to <br />its rights to refuse such payment or ppartial payments in the future, but Lender is not obligated to apply such payments at the <br />time such payments are accepted. Ifeach Periodic Payment is applied as of its scheduled due date, then Lender need not pay <br />interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. <br />If Borrower does not do ski within a reasonable period of time, Iender shall either apply such funds or return them to <br />Harrower. Knot ap p lied ear tier, such fiends wi ll be app l ied to the outstanding principal bal once under the Now innnediately <br />prior to foreclosure No offset or claim which Borrower might have now or in the future against lender shall relieve <br />Borrower from ,raking payments due under the Note and this Security Instrument or performing the covenards and <br />agreements secured by this Security Instrument, <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments <br />accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; <br />(b) nncipal due under the Note ;(c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment <br />in the order in which it became duc. Any remaining amounts shall be applied first to late charges, second to any other <br />amounts due under this Security Instrument, and then to reduce the principal balance ofthe Note. <br />NEBRASKA single family -- Fannie Mar /Freddie Mac (IN] FORM INSTRU MEN 'F Fnrm3028 INI (page: of dpnges) <br />9754,CV(1/02) 11,30115 <br />WTO1111111411,1AI <br />