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2oioo74si <br />(d) "Applicable Law" means all controlling applicable federal, state and local statutes, tegulations, ardinances and <br />administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial <br />opinions. <br />(K) "Coitnmunity 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, hameawners association ar similar <br />organixation. <br />(L) "Electronic .Funda Transfer" means any transfer of funds, other than a transaction originated by check, draft, <br />or sizt�ilar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or <br />rnagnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term <br />includes, but is not lirnited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by <br />telephone, wire transfers, and automated clearinghouse transfers. <br />(M) "�scrow Items" means those items that are described in Section 3. <br />(N) "Miscellaneous �'roceeds" means any compensation, settlement, award of damages, or procaeds paid by any <br />third party (other than insurance proce�ds paid under the coverages described in Section 5) for: (i) damage to, or <br />destntction of, the Property; (ii) candemnation 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 tk�e Property. <br />(0) "Mo� Insurance" means insurance protecting Lender against the nonpayment of, or default on, the T.oan. <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 chis Security Instrument. <br />(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing <br />xegulation, 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 5ecurity Instrument, <br />"RESPA" refers to all requxrements 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 nnortgage loan" under RESPA. <br />(R) "Successor in Interest of Borrawer" 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 TH� PFiOPERTY <br />The beneficiary of this Security lnstrument is MERS (solely as nominee for Lender and Lender's successots 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 af the Note; and (ii) the performance of Borrower's <br />covenants and agreements under this Security Instrument and the Note. For this purpase, Borrower irravocably grants <br />and conveys to Trustee, in trust, with power of sale, the following d�scribed property located in the <br />COLTNTY of <br />�Type of Recording Jurisdiction] <br />HALL <br />[Name of Recording JurisdictionJ <br />LOT ONE (1), MARVIN AND JANE SUBDIVISION, HALL COUNTY, NEBRASKA <br />A.P.N.: 400378973 <br />which currently has the address of <br />WOOD RIVER <br />[City] <br />4793 S NE HWY 11 <br />[Street] <br />, Nebraska 6 8 8$ 3 ("Property Address"): <br />[Zip Code] <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, <br />appurtenances, and �xtures now or hereafter a part of the property. All replacements and additions shall also be <br />coveted by this Security Insttument. All of the foregoing is referred to in this 5ecurity Instrument as the "Property. " <br />Borrower understands and agrees thac M�RS halds only legal title to the interests granted by Barrower in this Security <br />Instrurnent, but, if necessary to comply with law ar custom, MERS (as nominee for L,ender and Lender's succ�ssors <br />and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose <br />and sell the Prnperty; and to take any action required of Lender including, but nat limited to, releasing and canceling <br />this Security Instruznent. <br />BQRROWER 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 />encurnbrances of record. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFOF�TVI INSTRUMENT - MERS DocMagic�srrdil aoo-sas-r3s2 <br />Form 3028 1101 Page 2 of 11 www.docmagic.com <br />Ne3028.mzd.zml <br />