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<br />200600885 <br /> <br />(D) "Trustee" is ~'lNJFII'lfilWf, Gary D. Byrne, a member of the Nebraska State Bar <br />Association <br /> <br />(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting <br />solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security <br />Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number <br />of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated JANUARY 27, 2006 <br />The Note states that Borrower owes Lender ONE HUNDRED TWENTY - EIGHT THOUSAND AND <br />00/100 Dollars (U.S. $128,000.00 ) <br />plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not <br />later than FEBRUARY 1, 2036 <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " <br />(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under <br />the Note, and all sums due under this Security Instrument, plus interest. <br />(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are <br />to be executed by Borrower [check box as applicable]: <br /> <br />D Adjustable Rate Rider D Condominium Rider <br /> <br />D Balloon Rider 0 Planned Unit Development Rider <br /> <br />D 1-4 Pamily Rider D Biweekly Payment Rider <br /> <br />D Second Home Rider <br />IXI Other(s) [specify] <br />ASSUMPTION RIDER <br /> <br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and <br />administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial <br />opinions. <br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges <br />that are imposed on Borrower or the Property by a condominium association, homeowners association or similar <br />organization. <br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, <br />or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or <br />magnetic tape so as to order, instruct, or authorize a tinancial institution to debit or credit an account. Such tenn <br />includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by <br />telephone, wire transfers, and automated clearinghouse transfers. <br />(M) "Escrow Items" means those items that are described in Section 3. <br />(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any <br />third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or <br />destruction of, the Property; (H) condemnation or other taking of all or any part of the Property; (Hi) conveyance in <br />lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. <br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, <br />plus (ii) any amounts under Section 3 of this Security Instrument. <br />(P) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. ~2601 et seq.) and its implementing <br />regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended from time to time, or any additional or <br />successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, <br />"RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" <br />even if the Loan does not qualify as a "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 <br />party has assumed Borrower's obligations under the Note and/or this Security Instrument. <br /> <br />NEBRASKA-Single Family-UNIFORM INSTRUMENT <br />MODIFIED FOR DEPARTMENT OF VETERANS AFFAIRS - MERS <br />(Rev. 1/01) Page 2 of 13 <br /> <br />DocMagic6Jt!i:1J1JiA,@ 800-649-1362 <br />www.docmagic.com <br /> <br />.:pL#- <br /> <br />Nedotz2. va <br />