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201103379 (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X(24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor le�islation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requuements and restrictions that are imposed in regard to a"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) �Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that pariyhas assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN TI-� PROPERTY The beneficiary of this S ecurity Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modificarions of the Note; and (ii) the performance of Bonower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Hall [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Lot One Hundred Nineteen (119), Buenavista Subdivision, an Addition to the City of Grand Island, Hall County, Nebraska which currentlyhas the address of303 Hall St [Street] Grand Island , Nebraska 68801 ("Property Address"): [City] [Zip Code] TOGETI�R WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and addirions shall also be coveredby this Security Instrument. All of the foregoing is referred to m this Security Instrument as the "Property." Bonower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for 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 to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the pruicipal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other locarion as may be designated by I,ender in accordance with the notice provisions in Section 15. Lender may return any payment or parhal payment ifthe payment or partial payments are insufficient to bring the Loan current. Lender mayaccept NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INST'RUMENT 12439.CV (1/08) 904200 (MERS) Form 3028 1/Ol (page 2 of 8 pages) Creative Thinking, Inc. GOTO(00163db6) �,