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200806227 (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 ofthis Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 V.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 this 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 RESPA. (Q) "Sureessor 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 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 of sale, the following described property located in the County of Hall [Type of Recording Jurisdiction] ~ ~ame of Recording Jurisdiction] A TRACT OF LAND COMPROMISING A PART OF THE SB-l/4 SW 1/4 OF SECTION 2, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE 6TH PM HALL COt1NTY NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, SAID POINT BEING 556.5 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 2; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 2, A DISTANCE OF 466.7 FEET; THENCE DEFLECTING RIGHT 90 DEGREES 00' AND RUNNING EASTERLY A DISTANCE OF 466.7 FEET; THENCE DEFLECTING RIGHT 90 DEGREES 00' AND RUNNING SOUTHERLY A DISTANCE OF 466.7 FEET; THENCE DEFLECTING RIGHT 90 DEGREES 00' AND RUNNING WESTERLY A DISTANCE OF 466.7 FEET TO THE PLACE OF BEGINNING AND CONTAINING 5.000 ACRES MORE OR LESS. BEING THE SAME PROPERTY CONVEYED TO JAMES P. O'NELE III AND SUSAN G. O'NELE HUSBAND AND WIFE JOINT TENANTS WITH THE RIGHTS OF SURVIVORSHIP BY DEED FROM JAMES P. O'NELE III AND SUSAN G. O'NELE TRUSTEES OF THE JAMES P. O'NELE III AND SUSAN O'NELE LIVING TRUST DATED 07/29/1997 RECORDED 02/25/2003 IN DOCUMENT NUMBER 200302234 IN THE REGISTER'S OFFICE OF HALL COt1NTY, NEBRASKA. TAX ID# 400208857 Parcel ID Number: 400 208 857 4887 S Stuhr Rd Grand Island ("Property Address"): [City], Nebraska 68801 which currently has the address of [Street] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 2314844 ~LD Inlllal$~ 804040209 .-6(NE) (0407).02 l!l P~e3 of 15 -r?CJ Fonn 3028 1/01