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200201028 <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 load" 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 Loan, and all renewals, extensions and modifications of <br />the Note. and (ii) the performance of Borrower's cotenants and agreements under this Security Instrument and the Note. <br />For this purpose, Borrower it 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 Ten (10), Block Five (5), in Evan's Addition to the City of Grand Island, Hall County, Nebraska and that <br />part of Evans Street vacated by Ordinance No. 5598, filed April 11, 1973 in Book 26, Page 471. <br />which currently has the address of 922 E 5th <br />[Street] <br />Grand Island Nebraska 68801 _ ('Properly Address'): <br />[City] I Zip Code] <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, <br />appurtenances, and fixtures now of hereafter apart of the property. All replacements and additions shall also he 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 and 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 and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall <br />pav when due the principal of. and interest on. the debt evidenced by the Note and any prepayment char oes and late chargee <br />de <br />due unr the Note. Borrower shall also pay funds for Escrow Items 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 this Security Instrument he made in one or more of the following forms, as <br />,elected by Lender: (a) cash, (h) 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 enq <br />payment of partial payment it the paymentoi partial payments are insufficient to hring the I.,oan current. Lender mayaccept <br />any payment of partial payment insufficient to bring the Loan current, without waiver ofar rights hereunder of prejudice to <br />its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the <br />time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not puv <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 so within a reasonable period of time, Lender shall either apply such funds or return them to <br />Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately <br />prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender .shall relieve <br />Borrower from making payments due under the Note and this Security Instrument or performing 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; (c) 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 to 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 - Single Family— Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form3a28 1 /01 (page 2 n %8pagen) <br />9751.('V 2/0 1, G 1116 <br />G0'10t1100173t31 <br />