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20100046. <br />(.n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and <br />admiiustrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial <br />opituons. <br />(K) "Community Association Dues, Fees, and Assessments" means all. dues, fees, assessments and other charges <br />that are imposed on Borrower or the Property by a condoiniiuum association., homeowners association or similar <br />organization. <br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, <br />or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or <br />trtagnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term <br />includes, but is not limited to, point-of-sale transfers, automated teller machine trantiactions, transfers initiated by <br />telephone, wire transfers, and automated clearinghouse transfers. <br />(n11 "Escrow Items" means those itemti that are described in Section 3. <br />(N) "Miscellaneous .Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any <br />third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or <br />destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in <br />lieu of condemnation; or (iv) 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 />(~ "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, <br />plus (ii) any 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 <br />regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or <br />successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, <br />"RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" <br />even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. <br />(R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that <br />party has assumed Borrower's obligations under the Note and/or this Security Instrument. <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and <br />assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of <br />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 grants <br />and conveys to Trustee, in trust, with power of sale, the following described property located in the <br />COUNTY of HALL <br />[Type of Recording jurisdiction] <br />[Name of Recording jurisdiction] <br />LEGAL D1rSCRIPTTON ATTACHED HERETO AND MADE A PART HEREOF. <br />A.P.N.: 400435635 <br />LOT 15, BLOCK 2, CENTURA HILLS EAST SUBDTVTVTON, TN THE VILLAGE <br />OF CAIRO, HALL COUNTY, NEBRASKA. <br />which currently has the address of 14 0 5 BIRDIE BLVD <br />[Street] <br />CAIRO ,Nebraska 6 8 8 2 4 ("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 "Property." <br />Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security <br />Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors <br />and assigns) has die right: to exercise any or all of those interests, including, but not limited to, the right to foreclose <br />and sell the Property; at~d to take any action required of Lender including, but not limited to, releasing and canceling <br />this Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right <br />to 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 any <br />encumbrances of record. <br />Borrower Initials: /lam=- _ <br />NEBRASKA--Single Family--Fannie <br />Form 3028 1101 <br />regdie Mac UNIFURM INSTRUMENT -MERS DocMagic ~ soo-sas-issz <br />Page 2 of 11 www,dacmagic,acm <br />Ne3028.tnzd.unl <br />