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<br />200710429 <br /> <br />n:lakd Illortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" nnder <br />RES!','\, <br />(Q) "Suect'ssor in Interest of Bon-ower" means any party that has taken title to the Propcrty, whether or not <br />Ih,lt party has assllllled Borrower's obligations under the Note and/or this Security Instrulllcnt. <br /> <br />THANSFEH OF RICarrs IN THE PROPERTY. This Security Instrllll1cnt secures to Lender: (i) the repayment <br />of the Loan, and ail renewals, extensions and ll1oditlcntions of the Note; and (ii) the performance of Borrower's <br />covenants and agr'eements under this Security Instrument and the Note. For this purpose, BOITowerirrcvocably <br />grants arrd conveys to Trustee, in trust, with power of sale, the following described property located in the County <br />or lIall: <br /> <br />Lot Fin (5), !lloek Thirty-Seven (37), in Russell Wheeler's Addition to the City of Grand <br />1s1:11HI, Hall County, Nehraska, which currently has the address of 401 E 12th St, Grand <br />Island, Nebraska 688U1 <br /> <br />(" Property Address"), <br /> <br />'fOGETF'IER WITII an the improvements now or hereafter erected on the property, and all easernems, <br />appurtenances, and t1xtllres now or hereafter a IXln of Il1e properly. All replacements and additions shall also hL' <br />covered by litis Security Instrument. All of the foregoing is referred to in this Security Instrument as the <br />"Propeny." <br /> <br />!lC)RROWEIZ COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the rig.ht to <br />grant nnd convey the Property ilnd that the Pt'Operty is unencumbered, except for encumbrances of recor(L <br />Florrower warrants and will defend generally the title to the Property against all claims and delnands. subject to <br /><lilY ellCumbrances of record, <br /> <br />'TillS SECURITY INs'rRt}!vll;N'r combines uniform covenants for national use and non-uniform covenants with <br />limited variations by jurisdiction to constitute a uniform security instrulllent covering real property, <br /> <br />UNIFOHI'v1 COVENANTS. Borrower and Lender covenant and agree as {bllows: <br /> <br />I. Payment of PrilH:ipal, Interest, Escrow Items, Prepayment Charges, llndLate Charges. Borrower <br />shall pay when due the principal of, and interest on, the debt evidenced by the Note and any <br />prepayment charges and late charges due under the Note, Borrower shall also pay fllf1ds for Escrow <br />Items pursuant. to Section 3, Payments due under the NOle and this Security Instrument shall be made in <br />US eIIlTL'ncy, IIowevcr, if any check or other instrument received by Lender as payrHent under the <br />Not,~ or this Security Instrument is returned to Lender unpaid, Lender Illay require [hat any or all <br />subsequent payments dUL~ under the Note and this Security Instrument be made in one or more of the <br />Ii:lllowing forms, as selected by Lender: (a) cash; (b) money order; (c) cenilled check, bank check, <br />lreitsurer's l'lwck or cashier's check, provided any such check is drawn upon iln institution whose <br />deposits arc insured by OJ federal agency, instrumentality, or entity; or (d) Electronic funds Transfer. <br /> <br />Payments arc deemed receivcd by Lender when received at the location designmed in the Note or at <br />such other IOci1l!on as may be designated by Lender in accordance with the notice provisions in Section <br />15, Lender may rdum any payment or partial payment if the payment or panial payments are <br />insufficicnt 10 bring the Loan CWTcnt. Lender may accept any payment or partial paymcnt insufficient <br />to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse <br />such 1111)'1nont or pan inl paymcnts in the future, but Lender is not obligated to app Iy slIch payments at <br />the liaw sl1ch payments arc accepted, If each Periodic Payment is applied as of its scheduled due date, <br />t!len Lel)(kr ne,x! not pay interest on unapplied funds, Lender may hold such unapplied funds until <br />Borrower maKes payment to bring the Loan current. I f Borrower docs not do so within a reasonable <br />period of time, LL'llLlcr shall either apply such funds or return them to Borrower. If not applied earlier, <br />such funds will be applied to the outstanding principal balance under the Note inlll1edimely prior to <br />fon:closure, No offset or claim which Borrower might have now or in the future against Lender shall <br />relieve Borrower from making payments due under the Note and this Security Instrument or <br />perlbnning the covenants and agreements secured by this Security Instrument. <br /> <br />., Application of Payments or Proceeds. Except as otherwise described in tItis Section 2, all paymcnts <br />accepted and applied by Lendcr shall be applied in the following order of priority: (a) intercst due <br />under tile NOlC~; (b) principal due under the Note; (c) ilmounts due under Section 3, Such paYlllents <br />shall be applied to each Periodic Payment in the order in which it became due, Any remaining amounts <br />shall be applied first to late charges, second to uny other amounts due under this Security Instrument, <br />and thcn to reduce the principal balance of the Note <br /> <br />If Lender receivcs a payment from Borrower for a delinquent Periodic Paynlcnt which includes a <br />~lInlCiCnl ill110unl to pay any late charge due, the paymL~nt may be applied to the delinqueni payment <br />and IhL' late charge, I r more than one Periodic Payment is outst'lI1ding, Lender may apply any paynlcm <br />receivedfl'fHn Borrower to the repaymem of the Periodic Payments i( and to the extent that, each <br />payment can be paid in fulL To the extent that any excess cxists after the payment is applied to the full <br />payrnent of one or more Periodic Payments, such excess may be applied to any late charges dUe. <br />VoluntMY prepayments shall be applied first to any prepayment charges and then as described in the <br />Note, <br /> <br />NtIHI;,::\SK...\ ~;Hl~!~'. r'J:!j~ll\' ^ f;,j,iuHi:' "1~..Ii<lL:!,ldi.. ;\h~ 1:;""';illP~IIi'tiSTIH;l\lr;-;'l <br />::()i.H'20\Y~ C(m~pli<I,!W<:'! 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