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2011Q147� <br />Ne3028.mzd xin1 <br />(,n "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 />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 similar <br />organization. <br />(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction 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 />(1� "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any <br />third party (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 Property; (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) 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 amended from 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 party that has taken title to the Property, whether or not that <br />party has assumed Borrower' s obligations under the Note andlor 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 modi�cations of the Note; and (ii) the performance of Borrower's <br />covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants <br />and conveys to Trustee, in trust, with power of sale, the following described property located in the <br />COUNTY of HALL � <br />[Type of Recording Jurisdiction] [Name of Recording Jurisdiction] <br />LOT ONE (1), JENSEN ACRES SUBDIVISION, HALL COUNTY, NEBRASKA <br />A.P.N.: 400197138 <br />which currently has the address of <br />SHELTON <br />[City] <br />19488 W SCHIMMER DRIVE <br />(Street] <br />, Nebraska 6 8 8 7 6 (" Property Address" ): <br />[Zip Code] <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, <br />appurtenances, and fixtures now or 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 to in this SecuriTy Instrument as the "Property." <br />Borrower understands and agrees that MERS holds 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 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 all claims and demands, subject to any <br />encumbrances of record. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS <br />Form 3028 1/01 Page 2 of 11 <br />DOCMag/C �i 800-649-1362 <br />www. docmaglc. com <br />, <br />