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<br />200710168 <br /> <br />(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, <br />or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or <br />magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term <br />includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by <br />telephone, wire transfers, and automated clearinghouse transfers. <br />(L) "Escrow Items" means those items that are described in Section 3. <br />(M) "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; (H) condemnation or other taking of all or any part of the Property; (Hi) conveyance in <br />lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. <br />(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, <br />plus (H) any amounts under Section 3 of this Security Instrument. <br />(P) "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, <br />"RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" <br />even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. <br />(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that <br />party has assumed Borrower's obligations under the Note and/or this Security Instrument. <br /> <br />TRANSFER OF RIGHTS IN THE PROPERTY <br /> <br />This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and <br />modifications of the Note; and (H) the performance of Borrower's covenants and agreements under this Security <br />Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power <br />of sale, the following described property located in the <br />COUNTY of HALL <br /> <br />[Type of Recording Jurisdiction] <br />THE WEST 11 FEET OF LOT 2 AND ALL <br />ORIGINAL TOWN OF WOOD RIVER, HALL <br />A.P.N.: 400176203 <br /> <br />[Name of Recording Jurisdiction] <br />OF LOT 3, IN BLOCK 17, IN THE <br />COUNTY, NEBRASKA <br /> <br />which currently has the address of 105 W 11 TH STREET <br /> <br />[Street] <br /> <br />WOOD RIVER <br />[City] <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, <br />appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be <br />covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the" Property. " <br /> <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right <br />to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. <br />Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any <br />encumbrances of record. <br /> <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with <br />limited 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, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall <br />pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late <br />charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due <br />under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other <br />instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, <br />Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in <br />one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, <br />treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured <br />by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. <br /> <br />NEBRASKA--Single Family""Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Form 3028 1/01 Page 2 of 11 <br /> <br />DocMagic e~ 800.649-1362 <br />www.docmagic.com <br /> <br />bfd <br /> <br />Ne3028.dot <br /> <br />11111111111111111111111111111I1111111111111111111111111111111 <br />