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20100194E <br />Harrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in <br />HALL County, Nebraska: <br />LOT FORTY-NINE (49), WEST HEIGHTS ADDITION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL <br />COUNTY,NEgRASKA <br />which has the address of 423 SWERIDAN AVE , GRAND ISLAND IgtreM, cllyl. <br />Nebraska tiBB03 ("Property Address"); <br />(Zip Lode] <br />TOGETHER WITH all the improvements now ar hereafter erected on the property, and all easements, appurtenances, and <br />fixtures now ar hereafter a part of the property. All replacements and additions shall also be covered by this Security <br />Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." <br />BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby comreyed and has the right to mortgage, <br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants <br />and will defend generally the title to the Property against all claims and demands, subJect to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited <br />variations by Jurisdiction in 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 and Lata Charge. Harrower shall pay when due the principal af, and interest au, the <br />debt evidenced by the Note and late charges due under the Nnte. <br />2. Monthly Payments of Taxes, Insurance and Other Charges. Borrower shall include in each rnauthly payment, <br />together with the principal and interest as set forth in the Note and any late charges, a sum of (a) taxes and special assessments <br />levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for <br />insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary <br />of Housing and Urban Development ("Secretary"), or iu auy year in which such premium would have been required if Lender <br />still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance <br />premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this <br />Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly <br />charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds". <br />Lender may, at any time, collect and hold amounts for Escrow Items iu an aggregate amount not to exceed the maximum <br />amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1979, 12 <br />U.S.C. section 2601 et seq. and implementing regulations, 29 CFR Part 3500, as they may be amended from time to time <br />("RESPA"), except that the cushion or reserve permitted by RESFA for unanticipated disbursemeuts ar disbursements before <br />the Borrower's payments are available in the account may uat be based on amounts due far the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account <br />to Harrower for the excess funds as required by RESPA. Tf the amounts of funds held by Lender at any time are not sufficient to <br />pay the Escrow Items when due, Lender may notify the Harrower and require Borrower to make up the shortage as permitted by <br />RESFA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders <br />to Leuder the full payment of all such sums, Harrawer's account shall be credited with the balance remaining for all installment <br />items (a), (b) and (c) and any mortgage insurance premium installment that Lender has oat become obligated to pay to the <br />Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prier to a foreclosure sale of the <br />Froperty or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for <br />items (a), (b) and (c). <br />3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: <br />First. to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary <br />instead of the monthly mortgage insurance premium; <br />Second. to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance <br />premiums, as required; <br />Third. to interest due under the Note; <br />~ to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />t~CC - 1580-2NE (08/97) Page 2 of 7 Initials: <br />~~ <br />