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" .t ,. 20080062,2 D Adjustable Rate Rider D Condominium Rider D Second Home Rider D 8alloon Rider D Planned Unit Development RideD Other(s) [specify] D 1.4 Family Rider D Biweekly Payment Rider (J) "APPLICABLE LAW" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders{that have the effect of law)as well as all applicable final, non.appealable judicial opinions. (K) "COMMUNITY ASSOCIATION DUES, FEES AND ASSESSMENTS" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "ELECTRONIC FUNDS TRANSFER" means any tranfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point.of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "ESCROW ITEMS" means those items that are described in Section 3. (N) "MISCELLANEOUS PROCEEDS" means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for: (i) damage to, or destruction of. the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "MORTGAGE INSURANCE" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "PERIODIC PAYMENT" means the. regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act{12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X(24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in the Security Instrument, "RESPA" refers to all requirements and restrictions. that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RES~A. (R) "SUCCESSOR IN INTEREST OF BORROWER" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power MERS ModlflecJ Form 3028 1101 NEBRASkA-Slngle FlImlly-FANNIE MAElFREDDIE MAC UNIFORM INS'ffiUMENT f \ 4200001 (page 2 of 16 Pl'gelI) 1"111810:-.1' L- ~ ~V