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<br />1 1 0 9 5 7 399 <br /> <br />200704211 <br /> <br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, <br />ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, <br />non-appealable judicial opinions. <br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other <br />charges that are imposed on Borrower or the Property by a condominium association, homeowners <br />association or similar organization. <br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by <br />check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic <br />instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit <br />or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller <br />machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />transfers. <br />(M) "Escrow Items" mean those items that are described in Section 3. <br />(N) "MisceUaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid <br />by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) <br />damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the <br />Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the <br />value and/or condition of the Property. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, <br />the Loan. <br />(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the <br />Note, plus (ii) any amounts under Section 3 of this Security Instrument. <br />(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. ~Ol et seq.) and its <br />implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended from time to <br />time, or any additional or successor legislation or regulation that governs the same subject matter. As <br />used in this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in <br />regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related <br />mortgage loan" under RESPA. <br />(R) Successor in Interest of Borrower" means any party that has taken title to the Property, whether or <br />not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. <br /> <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />The beneficiary of this Secuirty Instrument is MERS (solely as nominee for Lender and Lender's <br />successors and assigns) and the successors and assigns MERS. This Security Instrument secures to <br />Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and <br />(ii) the performance of Borrower's convenants and agreements under this Security Instrument and the <br />Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of <br /> <br />NEBRASKA -- Single Family -- Fannie Ma./Freddi. Ma. UNIFORM INSTRUMENT MERS <br /> <br />Form 3028 1/01 (page Z of 17 pages) <br /> <br />r-y:,<-; .. <br />(fJ/j?i J 1 1+ <br />