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2oioo5190 <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />This Security Iustruinent secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of <br />the Note; and (ii) the performance of Borrower's covenants attd agreements under this Security Instrument and the Nate. For <br />this purpose, Borrower irrevocably grants and conveys to Trustee, iu trust, with power of sale, the following described <br />property located in the ............................................ .....H6G~STEl1.OF.pEEAS..................................................... of <br />[Type of Recording Jurisdiction] <br />KAll.G9UNTY ............................................................................... <br />(Name of Recording Jurisdiction] <br />LOT 54, AMICK ACRES WEST SUB~IVI510N, HALL COUNTY, NEBRASKA <br />which currently has the address af .................................................4~7.BkN~~.~n................................................... <br />[Street] <br />............................QpNlPHAN............................., Nebraska ...................611832..................... (°Property Address"): <br />IGity] [Zip Code] <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, <br />and 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 seised of the estate hereby conveyed and has the right to grant <br />and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and <br />will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniforni covenants for national use and non-uniforni covenants with limited <br />variations by jurisdiction to constitute a uuiforn 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 shall pay <br />when due the principal of, and interest ou, the debt evidenced by the Note and any prepayment charges and late charges due <br />under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this <br />Security Instrument shall be made iu U.S. currency. However, if any check or other instrument received by Lender as payment <br />under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent <br />payments due under the Note and this Security Instnunent be made in one or more of the following forms, as selected by <br />Lender: (a) cash; (b) money order; (c) certifted check, back check, treasurer's check or cashier's check, provided any such <br />check is drawn upon an institution whose deposits are insured by a Federal agency, instrumentality, or entity; or (d) Electronic <br />Funds Transfer. <br />Payments are deemed received by Lender when received at the Location designated in the Note or at such other location <br />as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or <br />partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment <br />or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or preJudice to its rights to <br />refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such <br />payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on <br />unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower <br />does not do so within a reasonable period of tune, Lender shall either apply such funds or return them to Borrower. If not <br />applied earlier, such funds will be applied to the outstanding principal balance under the Note itninediately prior to foreclosure. <br />No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from making <br />payments due under the Nate and this Security Instrument or performing the covenants and agreements secured by this Security <br />Instrument. <br />Z. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and <br />applied by Lender shall be applied iu the following order of priority: (a) interest due under the Note; (b) principal due under <br />the Nate; (c) amounts due under Section 3. Such ayments shall be applied to each Periodic Payment in the order in which it <br />became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security <br />Instrument, and then to reduce the principal balance of the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to <br />pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic <br />Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, <br />and to the extent that, each payment can be paid in full. To the extent that atty excess exists after the payment is applied to the <br />full payment of one or more Periodic Payments, such excess may be applied to airy late charges due. Voluntary prepayments <br />shall be applied first to any prepayment charges and then as described in the Note. <br />Auy application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not <br />extend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until <br />the Note is paid iu full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes aitd assessments and other <br />items which can attain priority over this Security Instrutneut as a lieu or encumbrance on the Property; (b) leasehold payments <br />or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) <br />Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage <br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or <br />at any tune during the tern of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, <br />be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to <br />Lender all notices of amounts to be paid under this Section. Borrower shall pay Leader the Punds for Escrow Items unless <br />Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation <br />to day to Lender Funds far any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such <br />waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of <br />Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within <br />such tune period as Lender may require. Borrower's obligation to make such ayments and to provide receipts shall for all <br />purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and <br />agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrnwer <br />NEBRASKA--Single Family-Fennle Mae/Freddie Mac UNIFORM INSTRUMENT / Form 308 7/07 <br />Bankers Systems, Inc., St. Cloud, MN Form MD-1-NE 8!17!2000 (page 2 of 7 pages) <br />