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<br />200801005 <br /> <br />OJ "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and <br />administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial <br />opinions. <br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges <br />that are imposed on Borrower or the Property by a condominium association, homeowners association or similar <br />organization. <br />(L) "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 su 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 />(M) "Escrow Items" means those items that are described in Section 3. <br />(N) "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 descrlhed In Section 5) for: (i) damage to, or <br />destruction of, the Property: (Ii) condemnation or other taking of all or any part of the Property: (Iii) conveyance in <br />lieu of condemnation; or (iv) misrepresentations of. Or omissions as to, the value and/or condition of the Property. <br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, Or default on, the Loan. <br />(P) "Periodic Payment" means the regularly scheduled amount due for (I) principal and interest under the Note, <br />plus (Ii) any amounts under Section 3 of this Security Instrument. <br />(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. 92601 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 addilional or <br />successor legislation or regulation that governs the same subject matter. As used in Ihis 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 />(R) "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 />The benel1ciary of this Security Instrument Is MERS (solely as nominee for Lender and Lender's successors and <br />assigns) and the successors and assigns of MERS, This Security Instrument secures to Lender: (I) the repayment of <br />the Loan, and all renewals, extensions and modifications of the Note; and (Ii) the performance of Borrower's <br />covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants <br />and conveys to Trustee, in trust, with power of sale, the following described property located in the <br />COUNTY of HALL <br />[Type of Recordiog Jurisdiction] [Name of Recording Jurisdiction] <br /> <br />SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A". <br />A.P.N.: 400204657 <br /> <br />which currenlly has the address of <br /> <br />4157 SPRINGVIEW DRIVE <br />(Slreel] <br /> <br />GRAND ISLAND <br />[City] <br /> <br />, Nebraska <br /> <br />68803 <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 />Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security <br />Instrument, buI, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors <br />and assigns) has the right: to exercise any Or all of those Interests, including, but not limited to, the right to foreclose <br />and sell the Property: and to take any action required of Lender Including, but not limited to. releasing and cancellng <br />this Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right <br />10 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 />NEBRASKA--Single -Family-.Fannie Mae/Freddie Mac UNIFORM INSTRUMEN r - MERS <br />form 302B 1/01 Page 2 of 11 <br /> <br />DocMagic~ 800-649-1362 <br />www.docmagic.com <br /> <br />cW <br />f1{?/) <br />