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<br />200800105 <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 modifications of the <br />Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note For this <br />purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in <br />the C OV N j Y of H * ~ L. Nl: B &..A ~ K A <br />[Type of Recording unsdlctlon] [Name 0 ecording JUrisdiction] <br />LOT F T V E (5), B L 0 C K 0 N E (1). SUM MER FIE L 0 EST ATE S F 0 U R T H SUB 0 T V I S ION, I N <br />THE C J T Y 0 F G RAN 0 I S LAN D. HAL LCD U N T Y. NEB R ASK A , <br /> <br />which currently has the address of <br /> <br />151 0 MEA 0 0 W R 0 A 0 <br /> <br />G RAN 0 I S LAN 0 <br />[City] <br /> <br />,Nebraska 6 8 8 0 3 <br />[Zip Code] <br /> <br />[Street] <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 Instrument All <br />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 to grant and <br />convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend <br />generally the title to the Property against all claims and demands, subject to any encumbrances of record, <br /> <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, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay <br />when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under <br />the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security <br />Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note <br />or this .Security.lnstrument is returned t~ Lender unpaid, Lender may require that any or all subsequent payments due under the Note <br />and thiS Secunty Instrument be made In one or more of the follOWing forms, as selected by Lender: (a) cash; (b) money order: (c) <br />certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose <br />deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer, <br />Payments are deemed received by Lender when received at the location designated in the Note or at such other location as <br />may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial <br />payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment or partial <br />payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to Its rights to refuse such payment <br />or partial payments in the future, but lender is not obligated to apply such payments at the time such payments are accepted. If each <br />Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds lender may hold <br />such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable <br />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 <br />outstanding principal balance under the Note immediately prior to foreclosure No offset or claim which Borrower mi\)ht have now or <br />in the future against Lender shall relieve Borrower from making payments due under the Note and this Secunty Instrument or <br />performing the covenants and agreements secured by this Security Instrument <br /> <br />. 2. Application of Payments or Prc;>ceeds. Exc~pt as otherwise described in this Section 2: al,1 payments accepted and <br />applied by Lender shall be applied In the follOWing order of pnonty: (a) Interest due under the Note; (b) pnnclpal due under the Note: <br />(c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became dUe, <br />Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and <br />then to reduce the principal balance of the Note. <br /> <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any <br />late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is <br />outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent <br />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 <br />more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any <br />prepayment charges and then as described in the Note. <br /> <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend <br />or postpone the due date, or change the amount, of the Periodic Payments. <br /> <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the <br />Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which <br />can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on <br />the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance <br />premiums, if any, or any sums payable by Borrower to lender in lieu of the payment of Mortgage Insurance premiums in accordance <br />with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, <br />Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, <br />fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under <br />this Section Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for <br />any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any <br />such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts <br />due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender <br />receipts evidencing such payment within such time period as Lender may require Borrower's obligation to make such payments and <br />to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the <br />phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, <br />and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount <br />and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any <br />or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to <br />Lender all Funds, and in such amounts, that are then required under this Section 3. <br /> <br />Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time <br />specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the <br />amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escr.ow ItemJr otherwise in <br />accordance with Applicable Law. r1_ <br />7~1 'W <br /> <br />NEBRASKA -SIngle Family-Fannie M..../Freddie Mec UNIFORM INSTRUMENT <br /> <br />FORM 3028 01/01 (pege 2 of 7 peges) <br />