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<br />200709841 <br /> <br />which has the address of <br /> <br />8700 5 Schauppsville Road <br />[Street] <br /> <br />Wood River <br />[Cityl <br /> <br />Nebraska <br /> <br />68883 <br />[Zip Code] <br /> <br />("Property Address"); <br /> <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and <br />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." Borrower understands and agrees <br />that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply <br />with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of <br />those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of <br />Lender including, but not limited to, releasing or canceling this Security Instrument. <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 />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 covering real property. <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, <br />the debt evidenced by the Note and late charges due under the Note. <br />2. Monthly Payment of Taxes, Insurance, aud Other Charges. Borrower shall include in each monthly payment, <br />together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments <br />levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for <br />insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary <br />of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender <br />still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance <br />premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security <br />Instnnnent is held by the Secretary, in a reasonable amount to be detenllined by the Secretary. Except for the monthly charge by <br />the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum <br />amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 <br />V.S.C. ~2601 ~ SQ. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), <br />except that the cushion or reserve permitted by RESP A for unanticipated disbursements or disbursements before the <br />Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall <br />account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not <br />sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as <br />permitted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders <br />to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment <br />items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to thc <br />Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the <br />Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for <br />items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: <br />EIRSI, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the <br />Secretary instead of the monthly mortgage insurance premium; <br />SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other <br />hazard insurance premiums, as required; <br />THIRD, to interest due under the Note; <br />FOURTH, to amortization of the principal of the Note; and <br />ElEIH, to late charges due under the Note. <br /> <br />NEBRASKA FHA DEED OF TRUST <br /> <br />ITEM T2696L2 (0308}-MERS <br /> <br />(Page 2 of7 pages) <br /> <br />GREATLAND. <br />To Order Call: 1-800.-530.-9393 0 Fax: 616.791.1131 <br /> <br />$f <br />