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• 200904852 • <br />related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under <br />RESPA. <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 />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 />A Certain part of the North 10 Acres of the West 1/2 of the Northwest 1/4 of Section 10, <br />in Township 11, North of Range 9, West of the 6th P.M., in Hall County, Nebraska, more <br />particularly described as: Beginning at a point on the North line of the North 10 Acres of <br />the West 1/2 of the Northwest 1/4 of said Section 10, which point is 528.0 feet West of the <br />Northeast corner of the North 10 Acres of the West 1/2 of the Northwest 1/4 of said Section <br />10; running thence South parallel to the East line of the North 10 Acres of the West 1/2 of <br />the Northwest 1/4 of said Section 10, 330.0 feet; running thence West parallel to the North <br />line of the North 10 Acres of the West 1/2 of the Northwest 1/4 of Section 10, 132.0 feet; <br />running thence North parallel to the East line of the North 10 Acres of the West 1/2 of the <br />Northwest 1/4 of Section 10, 330.00 feet, to a point on the North line of the North 10 Acres <br />of the West 1/2 of the Northwest 1/4 of said Section 10; running thence East upon and <br />along the North line of the North 10 Acres of the West 1/2 of the Northwest 1/4 of said <br />Section 10, 132.0 feet, to actual point of beginning; subject to one -half of the county road to <br />the North of said premises which currently has the address of 805 E CAPITAL AVE, Grand <br />Island, Nebraska 68801 <br />( "Property Address "). <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 />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 />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 />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <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 />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 />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 />NEBRASKA -Single Fanily - F.ank M..N.ddle Mae UNIFORM INSTRUMENT Farm 30381/01 <br />® 2004.2007 Copyright Compliance Systmm. ]no. CD6D -9D$F - 2007.10.173 w .complianeesystems.com <br />ci..I. F.mib R..l F.cMto _ s— Atv T —t-mem n1.2047 Paae 2 of 11 800- 968 -8522 - Fax 616- 956 -1868 <br />