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20100891� <br />(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and <br />administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial <br />opinians. <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, horneowners association or similar <br />organization. <br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction otiginated by check, draft, <br />or siznilar papec instrument, which is initiated through an electronic ternunal, telephonic instrument, computer, or <br />magnetic tape so as to order, instruct, or authorize a financial institution ta 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 1'roceeds" nneans any compensation, settlement, award of damages, or proceeds paid by any <br />third party (other than insurance proceeds paid under the coverages described in 5ection 5) far: (i) damage to, or <br />destruction of, the Property; (ii) condernnatian or other taking of all oc any pact 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 Prop�rty. <br />(0) "Mortgage insarance" zneans insurance protecting Lender against the nonpayment of, or default on, the Loan. <br />(P) "Periodic Payment" meaz�s the regularly scheduled amount due for (i) principal and interest under the Note, <br />plus (ii) any amounts under Section 3 of this Security lnstrument. <br />(Q) "RESPA" nneans 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 tirr►e, or any additional or <br />successor legislation or regulation that governs the same subject matter. As used in this Security lnstrument, <br />"RESPA" refers to all requirements and restrictions that are imposed in regard to a"federally related mortgage loan" <br />even if the L,oan 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 Prnperty, 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 Instrurnent is MERS (solely as nominee for L.ender and I,ender's successors and <br />assigns) and the successots and assigns of MERS. 'I'his Security Instrument secures to I.ender: (i) the repayment of <br />the Loan, and all renewals, extensions and rnodifications of the Note; and (ii) tha performance af Borrower's <br />covenants and agreements under this Security Instrument and the Note. For this putpose, Borrower irrevocably grants <br />and conveys to Trustee, in trust, with pawer of sale, the following described property located in the <br />COUNTY of HALL . <br />[Type of Recording Jurisdiction] [Name of Recording Jurisdiction] <br />• -�`� '� • � � �'J. ��� `'� � � C�1 f.�1[� 1 1 I �I • ! �• � 14 • � '• li 9C•!• � �• <br />• • . �� + <br />which currently has the address of <br />GRAND ISLAND <br />[City] <br />4015 DRIFTW�OD DR <br />[StreetJ <br />, Nebraska 5 8 8 0 3 ("Praperty Address"): <br />[Zip Code] <br />TOGE7'HER WITH all the improvements now or hereafter erected on the prnperty, and all easements, <br />appurtenances, and fixtures now or hereafter a part of the property. All replacernents and additions shall also be <br />covered by this Security Instzvment. All of the foregoing is referred to in this Security Instrument as the "Property. " <br />Borrower understands and agrees that MERS holds anly 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 foreclose <br />and sell the Property; and to take any action required of Lender including, but not lirnited to, releasing and canceling <br />this 5ecurity Instzvment. <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 encurnbrances of record. <br />Borrower warrants and will defend generally the title to the Property against all claims and dernands, subject to any <br />encumbrar►ces of record. <br />► <br />NEBRASKA--Single <br />Form 3Q28 1 /01 <br />IF6RM INSTRUMENT - MERS DocN►agic �n� soo-sas-�ssz <br />Page 2 of 11 www.docrosgic.cam <br />Ne3028.mzd.xml <br />