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<br />200601737 <br /> <br />DOC ID #: 00012664760702006 <br />LOT FIVE (5), IN BLOCK TWO (2), IN CONTINENTAL GARDENS, AN ADDITION TO THE <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> <br />Parcel ID Number: 400037726 <br /> <br />which currently has the address of <br /> <br />5 VIA COMO, GRAND ISLAND <br />[Street/Cityl <br /> <br />Nebmska 68803-1732 ("Property Address"): <br />[Zip Code I <br /> <br />TOGETHER WITH all Lhe improvement,> now or hereafter erected on Lhe property, and all easements, <br />appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also <br />be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument a,> the <br />"Property." Borrower understands and agrees Lhat MERS holds only legal title to the interest granted by <br />Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (a,> nominee for <br />Lender and Lender's successors and assigns) ha,> Lhe right: to exercise any or all of those interests, including, <br />but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender <br />including, but not limited to, releasing and canceling this Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seised of Lhe estate hereby conveyed and has the <br />right to grant and convey Lhe Property and that Lhe Property is unencumbered, except for encumbrances of <br />record. Borrower warrants and will defend generally the title to the Property against all claims and demands, <br />subject to any encumbrances of record. <br />TillS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform <br />covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real <br />property. <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree a,> follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower <br />shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment <br />charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to <br />Section 3. Payment,> due under the Note and this Security Instrument shall be made in U.S. currency. <br />However, if any check or oLher instrument received by Lender as payment under the Note or this Security <br />Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under <br />the Note and this Security Instrument be made in one or more of the following forms, a,> selected by Lender: <br />(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any <br />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 <br />other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender <br />may return any payment or partial payment if the payment or partial payments are insufficient to bring the <br />Loan current. Lender may accept any payment or partial payment insufficient to bring Lhe Loan current, <br />without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in <br />the future, but Lender is not obligated to apply such payments at the time sueh payments are accepted. If each <br />Periodic Payment is applied as of it,> scheduled due date, then Lender need not pay interest on unapplied <br />funds. Lender may hold such unapplied funds until Borrower makes payment'> to bring the Loan current. If <br />Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return <br />them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under <br />the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future <br />against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument <br />or performing the covenants and agreements secured by this Security Instrument. <br />2. Application of Payments or Proceeds. Except a<; otherwise described in this Section 2, all payment,> <br />accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the <br />Note; (b) principal due under the Note; (e) amounts due under Section 3. Such payments shall be applied to <br />each Periodic Payment in the order in which it beeame due. Any remaining amount'l shall be applied first to <br />late charges, second to any other amounts due under this Seeurity Instrument, and then to reduce Lhe principal <br />balance of Lhe Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a <br />sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the <br />late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from <br /> <br />. -6A(NE) (0407) <br />@ <br /> <br />CHL (08/05) <br /> <br />Page 3 of 11 <br /> <br />Form 3028 1/01 <br /> <br />~ <br />CV' <br />