|
<br />200""/00107
<br />
<br />TRANSFER OF RIGHTS IN THE PROPERTY; .' ,. .
<br />This Security Instrument secures to Lender: (i) the repayment of the Loan, and all ~enewals: extensIOns and modifIcations of
<br />the Note; and (ii) the performance of Borrower's covenants and agreements under. thiS Secunty Instrument and ~e Note. .For
<br />. this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, With power of sale, the followmg descnbed
<br />property located in the ........................................ ..~~UIS.HROF.O~.E.IlS..................................................... of
<br />.. . .. . . . . [Type of Recording Jurisdiction]
<br />
<br />. H.4~~ .~OIJJ\HY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . , . . . :
<br />[Name of Recording Jurisdiction]
<br />
<br />LOT FIFTY.EIGHT (58), AMICK ACRES WEST SUBDIVISION, HALL COUNTY, ~EBRASKA
<br />
<br />'~.
<br />
<br />which currently has the address of ............................................... 77.~ !$~M~Q.Q~!y~. ............. . . . . . . . . . . . ........................
<br />[Street]
<br />
<br />............................ P.Q~!~~.~~............................., Nebraska................... a.8.an..................... ("Property Address"):
<br />[City] [Zip Code]
<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."
<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 and
<br />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 limited
<br />variations by jurisdiction to constitute a uniform security instrument covcring real property.
<br />
<br />UNIFORM COVENANTS. Borrower and Lendcr covenant and agree as follows:
<br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and I./ate Charges. Borrower shall pay
<br />when due the principal of, and intcrest on, the debt evidenced by the Note and any prepayment charges and late charges due
<br />under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this
<br />Security Instrument shall be made in U.S. currency. Howcver, if any check or other instrument received by Lender as payment
<br />under the Note or this Security Instrument is returned to Lcnder unpaid, Lender may require that any or all subsequent
<br />payments dut: under the Note and this Security Instrument be made in one or more of tht: following forms, as sdected by
<br />Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check-or cashier's check, provided any such
<br />check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic
<br />Funds Transfer.
<br />Payments are deemed received by Lender when received at the location designatt:d in the Note or at such other location
<br />as may be designated by Lcnder in accordance with the notice provisions in Section IS. Lender may return any payment or
<br />partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment
<br />or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to
<br />refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such
<br />paymt:nts are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender nced not pay interest on
<br />unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower
<br />does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not
<br />applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure.
<br />No offset or claim which Borrowcr might have now or in the future against Lender shall relieve Borrower from making
<br />payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
<br />Instrument.
<br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and
<br />applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under
<br />the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it
<br />became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security
<br />Instrument, and then to reduce the principal balance of the Note.
<br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to
<br />pay any latc charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic
<br />Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,
<br />and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the
<br />full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments
<br />shall be applied first to any prepayment charges and then as described in the Note.
<br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not
<br />extend or postpone the due date, or change the amount, of the Periodic Payments.
<br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until
<br />the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other
<br />items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold paymt:nts
<br />or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d)
<br />Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
<br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or
<br />at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any,
<br />be escrowed by Borrower, and such dUes, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to
<br />Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless
<br />Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation
<br />to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such
<br />waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
<br />Funds has been waived by Lender and, if Lender requires, shall furnish to Lender rt:ceipts evidencing such payment within
<br />such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all
<br />purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "coVt:nant and
<br />agreemt:nt" is ust:d in St:ction 9. If Borrowt:r is obligatt:d to pay Escrow Items directly, pursuant to a waiver, and Borrower
<br />
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />
<br />Form 3028 1/01
<br />(page 2 of7 pages) ~ k
<br />
<br />Bankors Systems. Inc.. St. Cloud. MN Form MD.l.NE 8/17/2000
<br />
|