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<br />200707168 <br /> <br />DOC 10 #: 00017724646408007 <br /> <br />(D) "Trustee" is <br />FIDELITY NATIONAL TITLE INSURANCE CO <br />POBOX 32695, PHOENIX, NE 85064 <br />(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting <br />solely a,> a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this <br />Set'nrity Instrument. MERS is organized and existing under the laws of Delaware, and has an address and <br />telephone number of P.O. Box 2026, Flint, MI 48501.2026, tel. (888) 679-MERS. <br />(F) "Note" means the promissory note signed by Borrower and dated AUGUS T 16, 2007 . The <br />Note states that Borrower owes Lender <br />EIGHTY EIGHT THOUSAND and 00/100 <br /> <br />Dollars (U.S. $ 88, 000 . 00 ) plus interest. Borrower has promised to pay this debt in regular <br />Periodic Payments and to pay the debt in full not later than SEPTEMBER 01, 2037 . <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the <br />Property. " <br />(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges <br />due under the Note, and all sums due under this Security Instrument, plus interest. <br />(I) "Ridcrs" means all Riders to this Security Instrument that are executed by Borrower. The following <br />Riders are to be executed by Borrower Lcheck box as applicable]: <br /> <br />D Adjustable Rate Rider <br />D Balloon Rider <br />D VA Rider <br /> <br />D Condominium Rider D Second Home Rider <br />o Planned Unit Development Rider 0 1-4 Family Rider <br />D Biweekly Payment Rider D Other(s) [specify] <br /> <br />(J) "Applicablc 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, Fces, and Assessments" means all dues, fees, assessments and other <br />charges that are imposed on Borrower or the Property by a condominium a,>sociation, homeowners a,>sociation <br />or similar organization. <br />(L) "Elcctronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, <br />draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, <br />computer, or magnctic tape so a,> to order, instruct, or authorize a financial institution to debit or credit an <br />account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine <br />transactions, transfers initiated by 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 <br />any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage <br />to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) <br />conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or <br />condition of the Property. <br />(0) "Mortgage Insurancc" means insurance protecting Lender against the nonpayment of, or default on, the <br />Loan. <br />(P) "Pcriodic 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 Sell1ement Procedures Act (12 U.S.C. Section 2601 et seq.) and its <br />implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or <br />any additional or successor legislation or regulation that governs the same subject matter. As used in this <br />Security Instrument, "RESPA" refers to all requirement,> and restrictions that are imposed in regard to a <br />"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" <br />under RESPA. <br />(R) "Succcssor in Interest of Borrower" means any party that ha,> taken title to the Property, whether or not <br />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 Security Instrument is MERS (solely as nominee for Lender and Lender's successors <br />and assigns) and the successors and a,>signs of MERS. This Security Instrument secures to Lender: (i) the <br />repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of <br />Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower <br />irrevocably grant'> and conveys to Trustee, in trust, with power of sale, the following described property <br />located in the <br /> <br />COUNTY <br /> <br />[Type of Recording Jurisdictionl <br /> <br />of <br /> <br />HALL <br />[Name of Recording Jurisdictionl <br /> <br />Gi, -6A(NE) (0407) <br /> <br />CHL (08/05) <br /> <br />Page 2 of 11 <br /> <br />Form 3028 1/01 <br /> <br />/:?, /i~ /' <br />i~J; ~'-' <br />