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200907631
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<br />(F) "Note" means the promissory note signed by Borrower and dated SEPTBMSgR 18, 2009. The Note states that
<br />Borrower owes Lender ONE HUNDRED TpPENTY FOUR THOUSAND FOUR HUNDRED FORTY Dollars (U.S.
<br />$124, 440.00) plus interest. Borrower has promised to pay this debt in regular Feriodic Payments and to pay the debt in full
<br />not later than OCTOBER 1, 2039.
<br />(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
<br />(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note,
<br />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 Riders arc to be
<br />executed by Borrower [check box as applicable]:
<br />^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider
<br />©Balloon Rider ^ Planned Unit Development Rider ^ Biweekly Payment Rider
<br />^ 1-4 Family Rider ^ Other(s) [specify]
<br />(d) "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 opinions.
<br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
<br />imposed on Borrower or the Froperty by a condominium association, homeowners association or similar organization.
<br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar
<br />paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to
<br />order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-
<br />of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
<br />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 third party
<br />(other than insurance proceeds paid under the coverages described in Section S) for: (i) damage ta, or destruction of, the
<br />Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv)
<br />misrepresentations of, or omissions as to, the value and/or condition of the Property.
<br />(O) "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, plus (ii) any
<br />amounts under Section 3 of this Security Instrument.
<br />(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation,
<br />Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or
<br />regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and.
<br />restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally
<br />related mortgage loan" under RESPA.
<br />(R) "Successor in Interest of Burrower" means any party that has taken title to the Property, whether or not that party has
<br />assumed Borrower's obligations under the Note and/or this Security Instrument.
<br />TRANSFER OF RIGHTS IN THE FROFERTY
<br />The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and
<br />the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all
<br />renewals, extensions and modifications of the Nate; and (ii) the performance of Borrower's covenants and agreements under
<br />this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with
<br />power of sale, the following described property located in the COUNTY (Type of Recording Jurisdiction) of HALL (Name of
<br />Recording Jurisdiction)
<br />LEGAL DESCRIPTION ATTACHED HERETO AND >#A,DB A PART HEREOF.
<br />which currently has the address of 404 N 1ST STREET, DONIPHAN, NE 68832 ("Property Address").
<br />NEBRASKA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />338.2 Page 2 of 12 Form 3028 t/Ot
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