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<br />200707235 <br /> <br />V2 WBCD LOAN # 501569951 <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." <br />(H) "loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under <br />the Note, and all sums due under this Security Instrument, plus interest. <br />(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be <br />executed by Borrower [check box as applicable]: <br />o Adjustable Rate Rider D Condominium Rider <br />D Balloon Rider 0 Planned Unit Development Rider <br />D 1-4 Family Rider 0 Biweekly Payment Rider <br />OVA Rider <br /> <br />D Second Home Rider <br />o Other(s) [specify] <br /> <br />(J) "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 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, or <br />similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic <br />tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is <br />not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire <br />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; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu <br />of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. <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 interest under the Note, plus <br />(ii) any amounts under Section 3 of this Security Instrument. <br />(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. ~2601 et seq.) and its implementing <br />regulation, Regulation X (24 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, "RESPA" <br />refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the <br />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 party <br />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 and assigns) <br />and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the loan, and <br />all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements <br />under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, <br />with power of sale, the following described property located in the COUNTY <br />[Type of Recording Jurisdiction] of HAMILTON [Name of Recording Jurisdiction]: <br />The West Sixty Feet (W60') of Lot Two (2), Block Seven (7), Original Town of Doniphan, <br />Hall County, Nebraska <br />APN #1 400 1818 <br /> <br />which currently has the address of 103 W WALNUT ST, DONIPHAN, <br /> <br />[street] [City] <br /> <br />Nebraska <br /> <br />68832-8902 <br />[Zip Code] <br /> <br />("Property Address"): <br /> <br />TOG ETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, <br />and fixtures now or hereafter a part ofthe 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 ofthose interests, including, but not limited to, the rightto 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. Borrowerwarrants <br />and will defend generally the title to the Property against all claims and demands, subjectto any encumbrances of record. <br /> <br />NEBRASKA--Single Family--Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 30281/01 <br />@ 1999-2004 Online Documents. Inc. Page 2 of 9 <br /> <br />Initials:~fl~ <br />NEEDEED 0402 <br />08-15-2007 13: 33 <br />