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200303732 <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 />"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 that party has <br />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 Loa, and all renewals, extensions and modifications of <br />the Note; and (i i) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. <br />For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described <br />property located in the County of Hall <br />[Type of Recording Jurisdict ion] [Name of Recording Jurisdiction] <br />Lot Five (5), in Block Nine (9), Morris Fifth Addition to the City of Grand Island, Hall County, Nebraska. <br />which currently has die address of 407 E 20th Street <br />[Street] <br />Grand Island ,Nebraska 68801 ( "Property Address "): <br />[City] [Zip Code] <br />TOGETHER WITH all the improvements now or hereafter erected on the yroperty, and all casements, <br />appurtenances, and fixtures now or hereafter a Part of the property. All replacements and additions shall also be covered by <br />this Security Instrument. All of the foregoing 1s referred to in dos Security Instrument as the "Property." <br />BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to <br />grant and coney 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 any encumbrances of <br />record. <br />'LHIS SECU RI'1'Y IN S'I RUMENT 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. PaymentofPrincipal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall <br />pay when due the principal of, and interest on, the debt evidenced by the 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 m 1J.S. currency. However, Ifany check or other instrument received by Lender <br />as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all <br />subsequent ppayments due under the Note and this Security Instrument be made in one or more of the following forms, as <br />selected by lender (a) cash; (b) money order; (c) 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 />Payments 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 ifthe payment or partial payments are insufficient to bringthe Loan current. Lendermayaccept <br />anypayment or partial payment insuifrclent to bring the Loan current, without waiver ofany rights hereunder or prejudice to <br />its rights to refine such payment or partial payments in the filture, 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 notpay <br />interest em unapplied funds. Lender may hold such unapplied funds until Borrower makes paymentmbringthe Loancurrent. <br />If Burrower ddues not do so within a reasonable period of time, Lender shall either apply such funds or return them to <br />Borrower. Ifnot applied earlieq such fiords will be applied ro [he outstanding principal balance under the Note immediately <br />prior to foreclosure. No offset or claim which Borrowu might have now or in c furore against Lender shall relieve <br />Borrower from making Payments dun under the Note and this Security Instrument or per the covenants and <br />agaements secured by [his Security Instrument. <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments <br />accepted and applied byy Lender shall be upplied in the following order of priority (a) interest due under the Note; <br />(b) rin,.1 due under Ne Nme;(c) amountsdue under Section 3. Stich payments shall be applied to each Periodic Payment <br />in the order iu which it became due. Any rcmaimng 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 Mee /Freddie Mee UNIFORM INSTRUMENT Farm3028 I/m (pnge2rfN,,gas) <br />9754CV(1 /02) 162195 <br />n)TO(000491d6) <br />