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<br />200608497 <br /> <br />ill "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 cbarges <br />that are Imposed on Borrower or the Property by a condominium assoctation, homeowners association or similar <br />organization. <br />(L) "Electronic Funds Trllll5fer" means any transfer of funds, other than a transaction originated by check. draft, <br />or similar paper instrument, wblch is Initiated through an electronic terminal, telephonic instrument. computer, or <br />magnetic tape so as to order, instruct, or authorize a financial Institution to debit or credit an account. Soch term <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; (il) condemnation or other taking of all or any part of the Property; (III) conveyance in <br />lleu of condemnation; or (Iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. <br />(0) "Mortgage Imurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />(P) "Periodic Payment" means the regularly scheduled amoont due for (i) principal and Interest under the Note, <br />plus (II) any amounts under Section 3 of this Security Instroment. <br />(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. !;2601 et seq.) and Its Implementtng <br />regulation, Regulation X (24 C.F.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 />"RESP A" refers to all requirements and restrictions that are Imposed In regard to a "federally related mortgage loan" <br />even Ifthe Loan does not qualify as a "federally related mortgage loan" under RESPA. <br />(R) "Successor in Interest of Borrower" means any party that has taken titte to the Properly, whether or not that <br />party has assumed Borrower's obligations under the Note and/or this Security Instrument. <br /> <br />TRANSFER OF RIGHTS IN THE PROPERTY <br /> <br />The beneficiary of this Security Instrument Is MERS (solely as nominee for Lender and Lender's successors and <br />assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (I) the repayment of <br />the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's <br />covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower Irrevocably grants <br />and conveys to Trustee, In trust, with power of sale, the following described property located In the <br />COUNTY of HALL <br />(Type of Recording Jurisdiction] (Name of Recording Jurisdiction] <br /> <br />WI' 5, VE3I' ~ JlilllT.KN '10 'll:E CJT{ CF rnNJ!SUN), ffi1L CIlNI'{, ~ <br />A.P.N.: 4001JB955 <br /> <br />which currently has the address of <br /> <br />2609 DEL MONTE AVENUE <br />(SII'eell <br /> <br />GRAND ISLAND <br />[Clly] <br /> <br />, Nebraska <br /> <br />EB803-6115 ("Property Address"): <br />(Zip Code) <br /> <br />TOGETHER WIlli 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 <br />covered by this Security Instrument. All of the foregoing Is referred to In this Security Instrument as the "Property. " <br />Borrower understands and agrees that MERS holds only legal title to the Interests granted by Borrower in this Security <br />Instrument, but. Ifnecessary tu comply with law or custom, MERS (as nominee for Lender and Lender's successors <br />and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose <br />and sell the Property; and to take any action required of Lender Including, but not limited to, releasing and canceling <br />this Secwity Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right <br />to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. <br />Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any <br />encumbrances of record. <br /> <br />NEBRASKA--Slngle Family..Fannle Man/Freddie Mac UNIFORM INSTRUMENT - MERS <br />FOI1Tl 3028 1/01 Page 2 of 10 <br /> <br />DocN/aglc erlilll!.'Dill' 800-049-1362 <br />www.dot:mIIg/c.com <br />