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<br />200701363 <br /> <br />OJ "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 financial institution to debit or credit an account. Such term <br />includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by <br />telephooe, 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: (i1) condemnation or other taking of all or any part of the Property; (ili) conveyance in <br />lieu of condllmnation; Or (iv) misrepresentations of, or omissions as to, the value and/or condilion of the Propllrty. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of. or default on. the Loan. <br />(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and ioterest under the Note. <br />plus (i1) any anlounts under Section 3 of this Security Instrument. <br />(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. S2601 et seq.) and its implementing <br />regulation, Regulatioo X (21 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 />"RESPA" 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 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 />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, exteosions and modifications of the Note; and (i1) the performance of Borrower's <br />covenaots and agreements under this Securily 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 ~ HALL <br />[Type of Recording Jllrisdiclion] [NaIlle uf Recording Jurisdicliun] <br /> <br />lOT 'IW) (2), IEEANI' ffiDIVISIGJ IN TIE O'IY CF ffiZ\ND rsu:ffi, Hl\lL CUNIY, l'HPAC}A <br />A.P.N.: 400059916 <br /> <br />which currently has the address of <br /> <br />2720 NORTH WEBB ROAD <br />IStreetl <br /> <br />GRAND ISLAND <br />[Cityl <br /> <br />, Nebraska <br /> <br />EBB03-1342 (" Property Address ") : <br />[Zip Code] <br /> <br />TOGETHER WITH 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 he <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, if oecessary to comply with law Or custom, MERS (as nominee for Lender <lnd Lender's succllssors <br />and assigns) has the right: to exercise any Or all of those interests, including. but not limited to, the right to foredose <br />and sell the Property; and to take any action required of Lender including, but nOllimited to, releasing and canceling <br />this Security 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 g.merally the title to the Property against all claims and demands, subject to any <br />encum brances of record. <br /> <br />Borl'Ower Initials <br />NEBRASKA--5ingle Fa lIy--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS <br />Form 3028 1/01 (02/ 1/07) Page Z of 11 <br /> <br />DocMagic f!ff@.'fl'!JJJlS:) 8oo-fi49-1.162 <br />www.docmagic.com <br />