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2oiuo�4�2 <br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulaCions, ordinances and <br />administrative rules and orders (that have the effect of law) as well as all applicable �nal, non�appealable judicial <br />opinions. <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 condominium association, homeowners association or sirnilar <br />organization. <br />(L) "Electronic �nds Transfer" means any transfer of funds, other than a ttansaction originated by check, draft, <br />or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or <br />magnetic 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 transactions, transfers initiated by <br />telephone, wire transfers, and automated clearinghouse transfers. <br />(M) "Escrow Items" means those items that are described in Section 3. <br />(N) "Miscellaneous Proceeds" means any compensatian, settlement, award of damages, or proceeds paid by at�y <br />third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage io, 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 conderr►nation; or (iv) misrepresentations af, or omissions as to, the value and/oc condition of the Property. <br />(0) "Mortgage Insurance" means insurance pxotecting 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, <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 arnended frorn 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 parCy thaC has taken title to the Property, whether or not that <br />party has assumed Borrower's obligations undear the Note and/or this Security Instrunnent. <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />The beneficiary of this Security Instrurnent is MERS (solely as norninee 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 I.oan, and all ren�wals, extensions and modifications of the Note; and (ii) the performance of Borrower's <br />covenants and agreements under this Security Instrument and the Nate. For this purpose, Borrower irravocably grants <br />atid conveys to Trustee, in trust, with power of sale, the following described property located in the <br />COiTNTY of HALL . <br />[Type of Recording Jurisdiction] <br />[Name of Recording 7urisdicuon] <br />LpT THIRTY 'IWO (32) � ANIICK ACRES SLIBDIV.ISI�T, HALL Ct�iJNTY , AlE�RASKA <br />A.P.N.: 4003490000 <br />which currently has the address of <br />DONIPHAN <br />[City] <br />32 LILLIAN LANE <br />[Street] <br />, Nebraska 6 8 8 3 2 <br />[Zip Code] <br />("Property Address"): <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, <br />appurtenances, and fixtures now ar 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 Co in this Security Instrument as the "Property. " <br />Borrower understands and agrees that MERS halds 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 the right: to exercise any or all of those interests, including, but not limited to, the right to foteclose <br />and sell the Property; and to take any action required af L.ender including, but not limited to, releasing and canceling <br />this Security Instrument. <br />BORROWER COVENAN'I'S that Borrower is lawfully seised nf the estate hereby conveyed and has the right <br />to grant and convey the Property and that the Property is unencumbered, except for encurnbrances 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 />NEBRASKA--Single Family--Fannie Mae/Fraddie Mac UNIFaRM INSTRUMENT - MERS <br />Form 3028 1/01 Page 2 of 1 1 <br />DacN►agic �umnn� aoo-cas-�ssz <br />www. docmayic. eom <br />" �/`_"� `N <br />Ne3(Y28.ntzd.xml <br />