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<br />200710274 <br /> <br />CASE #: NE3212488473703 <br />the following described property located in HALL <br />LOT FOUR (4), BLOCK (4), GIDEON'S ADDITION <br />COUNTY, NEBRASKA. <br /> <br />DOC ID #: 00018092664511007 <br />County, Nebra'lka: <br />TO THE VILLAGE OF DONIPHAN, HALL <br /> <br />Parcel ID Number: 400418355 <br />which has the address of <br /> <br />410 WEST WALNUT STREET, DONIPHAN <br />[Street, Cityl <br /> <br />Nebraska 68832 ("Property Address"); <br />[Zip Codel <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easement'l, <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 />Borrower understands and agrec''l that MBRS holds only legal title to the interel.t'l granted by Borrower in this <br />SecurHy Instrument; but, if necessary to comply with law or custom, MBRS, (as nominee for Lender and Lender's <br />successors and assigns), has the right: to exercise any or all of those interest'l, including, but not limited to, the right <br />to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing <br />or canceling this Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seized 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 />THIS SECURlTY INSTRUMENT combines uniform covenants for national use and non-uniform covenants <br />with limited variations by jurisdiction to constitute a uniform security instrument covering real property. <br />Borrower and Lender covenant and agree as follows: <br />UNIFORM COVENANTS. <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and <br />interest on, the debt evidenced by the Note and late charges due under the Note. <br />2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly <br />payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes <br />and special assessments levied or to be levied against the Property, (b) leasehold payment'l or ground rents on the <br />Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a <br />mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in <br />which such premium would have been required if Lender still held the Security Instrument, each monthly payment <br />shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the <br />Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by <br />the Secretary, in" a reasonable amount to be determined by the Secretary. Except for the monthly charge by the <br />Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "E.'lcrow Funds." <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the <br />maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures <br />Act of 1974, 12 V.S.C. Section 2601 et seq. and implementing regulations, 24 CPR Part 3500, as they may be <br />amended from time to time ("RESP A"), except that the cushion or rc''lerve permitted by RESP A for unanticipated <br />disbursements or disbursements before the Borrower's payments are available in the account may not be based on <br />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 RESP A, Lender <br />shall account to Borrower for the excess funds as required by RESP A. If the amounts of funds held by Lender at <br />any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require <br />Borrower to make up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If <br />Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance <br />remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender <br />has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. <br />Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be <br />credited with any balance remaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: <br />First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by <br />the Secretary instead of the monthly mortgage insurance premium; <br /> <br /><8 -4N(NE) (0407) <br />\I> <br /> <br />CHL (09/05) <br /> <br />Page 2 of6 <br /> <br />." <br />