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WINDOW <br />[17►•T•W <br />1023110089 <br />under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and <br />agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust <br />herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located <br />in HALL County, Nebraska: <br />LOT SEVEN (7), IN BLOCK ONE (1), ROUSH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA. <br />which has the address of 509 EAST STOLLEY PARK ROAD, GRAND ISLAND, NE 68801 ( "Property Address "); <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, <br />appurtenances, rents, royalties, mineral, oil, and gas rights and profits, water rights and stock and fixtures now or hereafter a <br />part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is <br />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 <br />nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but <br />not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited <br />to, releasing or canceling this Security Instrument. <br />BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to <br />mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower <br />warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of <br />record. <br />1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on; <br />the debt evidenced by the Note and late charges due under the Note. <br />2. Monthly Payments of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, <br />together with the principal and interest as set forth in the Note and any late charges, an installment of any (a) taxes and special <br />assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) <br />premiums for insurance required by paragraph 4. <br />Each monthly installment for items (a); (b), and (c) shall equal one - twelfth of the annual amounts, as reasonably <br />estimated by Lender, plus an amount sufficient to maintain an additional balance of not more than one -sixth of the estimated <br />amounts. The full annual amount for each item shall be accumulated by Lender within a period ending one month before an <br />item would become delinquent. Lender shall hold the amounts collected in trust to pay items (a), (b), and (c) before they <br />become delinquent. <br />If at any time the total of the payments held by Lender for items (a), (b), and (c), together with the future monthly <br />payments for such items payable to Lender prior to the due dates of such items, exceeds by more than one -sixth the estimated <br />amount of payments required to pay such items when due, and if payments on the Note are current, then Lender shall either <br />refund the excess over one sixth of the estimated payments or credit the excess over one -sixth of the estimated payments to <br />subsequent payments by Borrower, at the option of Borrower. If the total of the payments made by Borrower for item (a), (b), <br />or (c) is insufficient to pay the item when due, then Borrower shall pay to Lender any amount necessary to make up the <br />deficiency on or before the date the item becomes due. <br />As used in this Security Instrument, "Secretary" means the Secretary of Housing and Urban Development or his or her <br />designee. In any year in which the Lender must pay a mortgage insurance premium to the Secretary, each monthly payment <br />shall also include either: (i) an installment of the annual mortgage insurance premium to be paid by Lender to the Secretary, or <br />(ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary_ Each <br />monthly installment of the mortgage insurance premium shall be in an amount sufficient to accumulate the full annual <br />mortgage insurance premium with Lender one month prior to the date the full annual mortgage insurance premium is due to the <br />Secretary, or if this Security Instrument is held by the Secretary, each monthly charge shall be in an amount equal to one- <br />twelfth of one -half percent of the outstanding principal balance due on the Note. <br />If Borrower tenders to Lender the full payment of all sums secured by this Security Instrument, Borrower's account <br />shall be credited with the balance remaining for all installments for items (a), (b) and (c) and any mortgage insurance premium <br />installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to <br />FRA Nebraska Deed Of Trust - 07/08 <br />391.6 Pane 2 of 8 <br />