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2001101$~ TRANSFER OF RIGHTS IN THE PROPERTY . .. . This Security Instrument secures to Lender: (i) the repayment of the Loan, and all r.enewals: extensIons ana modlftcatlOns of the Note; and (ii) the performance of Borrower's covenants and agree~ents under. thIS Secunty. Instrument. and ~e Note. . For this purpose, Borrower irrevocably grants and conveys to Trustee, m trust, WIth power of sale, the followmg descnbed property located in the .................................................. .~E~IS.UROF.OE.EJl$..................................................... of [Type of Recording Jurisdiction] . HI\~LGO!.lJ'HY...............................................................................: [Name of Recording Jurisdiction] lOT SEVEN m, BLOCK ONE (11, OF KOEHLER PLACE IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND 604 E YUND, GRAND ISLAND, NE 68801 LOT 5, BLOCK 145, UNION PACIFIC RAILWAY CO S SECOND ADDITION, IN THE CITY GRAND ISLAND, HALL COUNTY, NEBRASKA which currently has the address of ........................................... )~.3.; 7.4~.1./7.~.fW~.~r.............................................. [ Street] . . .................. . . . . .. ~.~I\~.Q J~~~.r'm . . . . . . . . . . . ......... . . . . .., Nebraska ................. ..1l,S.QQJ.............. . . . . . .. ("Property Address"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixnlres now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is rerumed to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may rerum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, wilhout waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the funlre against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shaH be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shaH be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in fuH, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insu~anee .premiums, if a!1Y, or any. s.ums payabl7 by Bor~ower. to Lender in lieu of the payment of Mortgage Insuran~e prem.mms 10 accordance WIth the proVISIOns of Sectton 10. lhese Items are called "Escrow Items." At origination or at any time durmg the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to I,ender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waIver, Borrower s~all pay dlfeetly, when and where payable, the amounts due for any Escrow Items for which payment of Funds. has bel?n waIved by Lender an~, if Lender r~quire.s, ~hall furnish to Lender receipts evidencing such payment within such tlffie penod as Lender may reqlllre. Borrower s obltgatlOn to make sllch payments and to provide receipts shall for all purposes ~. deeme~ to b~ a cove!llint and a~reem.ent contained in this Securit~ Instrument, as the ph~ase "covenant and agreement IS used 10 SectIOn 9. If Borrower IS obhgated to pay Escrow Items dIrectly, pursuant to a Waiver, and Borrower NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 Bankers Systems, Ine" St. Cloud, MN Form MO-t.NE 8/t7/2000 (page 2 of 7 pages)