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2oo9o4is3 <br />(B) "Borrower" is Earl Tibbs AND Marlene Tibbs, husband and wife as joint tenants. Borrower is <br />the trustor under this Security Instrument. <br />(C) "Lender" is ACCESS NATIONAL MORTGAGE CORPORATION. bender is a corporation <br />organized and existing under the laws of the State of VIRGINIA. Lender's address is 1800 ROBERT <br />FULTON DRIVE, SUITE 350, RESTON, VIRGINIA 20191. <br />(D) "Trustee" is ROBERT W. KRAFT. <br />(E) "HERS" is Mortgage Electronic Registration Systems, Inc. HERS is a separate corporation that is <br />acting solely as a nominee for Lender and Lender's successors and assigns. HERS is the beneficiary <br />under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has <br />an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (88$) 679-MFRS. <br />(F) "Note" means the promissory note signed by Borrower and dated May 19, 2009. The Note states <br />that Borrower owes Lender One Hundred Twenty One Thousand Nine Hundred Fifty Two And <br />00/100 Dollars (U.S. $ 121,952.00) plus interest. Borrower has promised to pay this debt in regular <br />Periodic Aayments and to pay the debt in full not later than June 1, 2039. <br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the <br />Property." <br />(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late <br />charges due under the Note, and all sums due under this Security Instrument, plus interest. <br />(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following <br />Riders are to be executed by Borrower [check box as applicable]: <br />[ ] Adjustable Rate Rider [ ] Condominium Rider [ ] Second Home Rider <br />[ ] Balloon Rider [ ] Planned Unit Development Rider [ ] 1-4 Family Rider <br />[X] VA Rider [ ] Biweekly Payment Rider [ ] Other(s) [specify] <br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, <br />ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, <br />non-appealable judicial opinions. <br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and <br />other charges that are imposed on Harrower or the Property by a condominium association, homeowners <br />association or similar organization. <br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by <br />check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic <br />instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit <br />or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller <br />machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse <br />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 <br />paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) <br />for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of <br />the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, <br />the value and/or condition of the Property. <br />(O) "Mortgage Insurance" means insurance protecting Lender against 'the nonpayment of, or default <br />on, the Loan. <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH HERS Form 3028 1/Ol <br />Page 2 of 17 p <br />Initials: Cl L t ~r <br />