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200802828
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12/2/2008 9:52:32 AM
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4/4/2008 8:27:21 AM
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200802828
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<br />200802828 <br /> <br />related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under <br />RESP A. <br />(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not <br />that party has assumed Borrower's obligations under the Note and/or this Security Instrument. <br /> <br />TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (i) the repayment <br />of 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 <br />grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County <br />of Hall: <br /> <br />Lot One (1) in Homestead Second Subdivision, Hall County, Nebraska 400187620 which <br />currently has the address of 3324 Homestead Drive, Grand Island, Nebraska 68803 <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 <br />"Property. " <br /> <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to <br />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 <br />any encumbrances of record, <br /> <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with <br />limited 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 /> <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late 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 funds for Escrow <br />Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in <br />U.S, currency. However, if any check or other instrument received by Lender as payment under the <br />Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all <br />subsequent payments due under the Note and this Security Instrument be made in one or more of the <br />following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, <br />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 /> <br />Payments are deemed received by Lender when received at the location designated in the Note or at <br />such other location as may be designated by Lender in accordance with the notice provisions in Section <br />15. Lender may return any payment or partial payment if the payment or partial payments are <br />insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient <br />to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse <br />such payment or partial payments in the future, but Lender is not obligated to apply such payments at <br />the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, <br />then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until <br />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, <br />such funds will be applied to the outstanding principal balance under the Note immediately prior to <br />foreclosure. 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 />performing the covenants and agreements secured by this Security Instrument. <br /> <br />2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments <br />accepted and applied by Lender shall be applied in the following order of priority: (a) interest due <br />under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments <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 any other amounts due under this Security Instrument, <br />and 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 <br />sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment <br />and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment <br />received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each <br />payment can be paid in full. To the extent that any excess exists after the payment is applied to the full <br />payment of one or more Periodic Payments, such excess may be applied to any late charges due. <br />Voluntary prepayments shall be applied frrst to any prepayment charges and then as described in the <br />Note. <br /> <br /> <br />Pa .2 of 11 <br /> <br />form JOtS 1101 <br />www.complianeesystetnS.com <br />800-968.8~22 - Fa. 616-956-1868 <br /> <br />Initials <br />
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