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2Q1102554 <br />Parcel ID Number: 3539-00-0-60106-000-0004 <br />which has the address o£ 308 N 2ND ST <br />DONIPHAN, NEBRASKA 68832, ("Property Address"); <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fi�tures <br />now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the <br />foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to <br />the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for <br />Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right <br />to foreclose and sell the Property; and to talce any action required of Lender, including, but not limited to, releasing or canceling this <br />Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey <br />the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the <br />title to the Property against all claims and demands, subject to any encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations <br />by jurisdiction to constitute a uniform security instrument covering real property. <br />LJNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt <br />evidenced by the Note and late charges due under the Note. <br />2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the <br />principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied <br />against the Property, (b) leasehoid payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. <br />In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development <br />("Secretary"), or in any year in which such premium would ha�e been required if Lender still held the Security Instrument, each monthly <br />payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a <br />monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be <br />determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to <br />Lender are called "Escrow Funds." <br />Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that <br />may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seg. <br />and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or <br />reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the <br />account may not be based on amounts due for the mortgage insurance premium. <br />If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to <br />Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the <br />Escrow Items when due, Lender may notify the Bonower and require Borrower to make up the shortage as permitted by RESPA. <br />The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender <br />the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all instaliment items (a), (b), and <br />(c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall <br />promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, <br />Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). <br />3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: <br />First to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of <br />the monthly mortgage insurance premium; <br />Secnud, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, <br />as required; <br />Third, to interest due under the Note; <br />F�i�rth to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />FHA Nebraska Deed of Trust with MERS — 4/96 Amend 7/04 <br />Page 2 of 7 <br />i�s, inc. Initials�,L,C✓, �� � , i ��' <br />