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200304989 <br />or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers wall requirements <br />and restrictions that are imposed in regard to a "federally related mortgage loan" even ifthe 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 Now and/or this Security Instrument. <br />TRANSFER OP RIGHTS IN THE PROPERTY <br />This Security Instrument secures to Lender: (I) the repayment of the Loan, and all renewals, extensions and modifications of <br />the Nate; and (ii) 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 Jurisdiction] [Name of Recording Jurisdiction] <br />Lot Five (5), in Block Sixty -Five (65), in Wheeler and Bennett's Second Addition to the City of Grand Island, <br />hall County, Nebraska. <br />which currently has the address of 1219 N Vine St <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 property, and all easements, <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 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 <br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower <br />warrants mid will defend generally the title to the Property against all claims and demands, subject to any encumbrances of <br />record. <br />THIS SECURITY INSTRUMENT 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 mid Lender covenant and agree as follows: <br />1. PaymentofPrincipa1, Interest, Escrow Items, Prepayment Charges, and late Charges. Borrower shall <br />pay when due the principal of and ioleresl 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 in U.S. currency. However, if any 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 payments due under the Note and Ih1s Security Instrument be made in one or more of the following forms, as <br />selected by Lender: (a) cash; (b) money order; (c) cer[ifted 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 />emity; or (d) Electronic Funds Transfer. <br />Payments are deemed received by Lender when received at the location d ected in the Note or at such other <br />location as may be designated by Lender in accordance with [he notice provisions in o Secttion 15. current. Le may return any <br />payment or partial payment ifthe payment or partial payments a treat, without waiver ivero a yrig current Lender mayacceto <br />anypaymcmlor partial payment iivsufficient to bring the Loan current, without waiverof obligated hereunder y prejudice <br />ents ttto <br />its tights 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 arc m:ecpted. Ifcaeh Periodic Payment is applied as Bits scheduled due date, then Lender need not pay of <br />interest on unapplied funds. lender may hold such unapplied funds until Borrower makes ysuch[fubrsorrethan current. <br />If Rorrower does not do so within a reasonable period of time, Lender shall either apply such funds or return [hem to <br />Borrower. Ifnot applied earlier, such funds will be applied W the outstanding princippal balance under the Note immediately <br />prior to fireclnsure. No offset or claim which Borrower might have now or in the future a ainst Lender shall relieve <br />Borrower from making Payments due under the Note and this Security Instrument or per the covenants 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) principal due under the Note; (e) amounts due under Section 3. Such payments shall be applied to each Periodic Payment <br />in the order in which it became due. Any remaining amounts shall be applied first W late charges, second to any other <br />amounts due under this Security Instrument, and then to reduce the principal balance of the Note. <br />NEBRASKA- Singlc Family- k'annie Mee /Fivikik Maa UNIFORM INSTRUMENT Form3028 I /01 (page2oj8pages) <br />9754 CV (1/02) 1686658 <br />eorequmadoes) <br />