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20110143�
<br />(.n "Applicable Law° means al] 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 />opinions.
<br />(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other chazges
<br />that are imposed on Borrower or the Property by a condominium association, homeowners association or similaz
<br />organization.
<br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transacrion originated by check, draft,
<br />or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
<br />magneric tape so as to order, instruct, or authorize a financial insritution to debit or credit an account. Such term
<br />includes, but is not limited to, point-of-sale transfers, automated teller machine transacrions, transfers initiated by
<br />telephone, wire transfers, and automated clearinghouse transfers.
<br />(11� "Escrow Items" means those items that aze described in Section 3.
<br />(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
<br />third parry (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
<br />destruction of, the Property; (ii) condemnation or other taking of all or any part of the Properry; (iii) conveyance in
<br />lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
<br />(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
<br />(P) 'Periodic Payment" means the regularly scheduled amount due for (i) principa] and interest under the Note,
<br />plus (ii) any amounts under Section 3 of this 5ecurity Instrument.
<br />(Q) "RESPA" means the Rea1 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 time, or any additional or
<br />successor legislation or regulation that govems the same subject matter. As used in this Securiry Instrument,
<br />"RESPA" refers to all requirements and restricrions 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 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 THE PROPERTY
<br />The beneficiary of this Security Instrument is MERS (solely as nominee 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 Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's
<br />covenants and agreements under this Security Insmzment and the Note. For this purpose, Bonower irrevocably grants
<br />and conveys to Trustee, in trust, with power of sale, the following described property ]ocated in the
<br />COiTNTY of HALL �
<br />[Type of Recording Jurisdic[ion] [Name of Recording Jurisdictionj
<br />I�CY!' ONE (1) , BLpCfC �E (1) IN FIRESIDE ESTATES, HAT.,L Q�i]NTY, NEBRASKA.
<br />A.P.N.: 400202980
<br />which currently has the address of
<br />GRAND ISLAND
<br />[C�h'1
<br />3408 GRAHAM AVENUE
<br />[5treet]
<br />, Nebraska 6 8 8 0 3 ("Property Address"):
<br />[Zip Code]
<br />TOGETHER WITH all the improvements now or hereafter erected on the properry, and all easements,
<br />appurtenances, and fixtures now ar hereafter a part of the property. All reptacements and additions shall also be
<br />covered by this Securiry Instrument. All of the foregoing is refened to in this Securiry Instrument as the "Property."
<br />Borrower understands and agrees that MERS holds only lega] title to the interests granted by Bonower 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 limited to, releasing and canceling
<br />this Security Instrument.
<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 encumbrances of record.
<br />Borrower warrants and will defend generally the title to the Property against ali claims and demands, subject to any
<br />encumbrances of record.
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOCMag%C� 80D•619-73B2
<br />Form 3028 1/01 Page 2 of 11 www.dxmagic.com
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