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<br />200700101 <br /> <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, <br />and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security <br />Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and <br />agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary <br />to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to <br />exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take <br />any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. <br /> <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant <br />and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants <br />and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br /> <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with <br />limited variations by jurisdiction to constitute a uniform security instrument covering real property. <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br /> <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, <br />the debt evidenced by the Note and late charges due under the Note. <br /> <br />2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, <br />together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special <br />assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) <br />premiums for insurance required under Paragraph 4. In any year in which the Lender must pay a mortgage insurance <br />premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would <br />have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum <br />for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a <br />mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined <br />by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid <br />to Lender are called "Escrow Funds. II <br /> <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the <br />maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of <br />1974, 12 V.S.C. ~ 2601 ~~. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to <br />time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements <br />before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance <br />premium. <br /> <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESP A, Lender shall <br />account to Borrower for the excess funds as required by RESP A. If the amounts of funds held by Lender at any time are <br />not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the <br />shortage as permitted by RESP A. <br /> <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower <br />tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for <br />all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become <br />obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a <br />foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance <br />remaining for all installments for items (a), (b), and (c). <br /> <br />3. Application of Payments. All payments under Paragraphs 1 and 2 shall be applied by Lender as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the <br />Secretary instead of the monthly mortgage insurance premium; <br />Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard <br />insurance premiums, as required; <br />Third, to interest due under the Note; <br />Fourth, to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />GV2171-2 (696) Page 2 of7 FlIA Nebraska Deed of Trust <br />