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20�105132 <br />TRANSFER OF RIGHTS IN THE PROPERTY <br />This Security Insixvment secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of <br />the Note; and (u) the performance of Bonower's covenants and agreements under ttus Security Instrume�t and the Note. For <br />this purpose, Bonower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described <br />propertylocated in the .................. ... ...... ........................... .. GQl1.NT1'.... ... ... ...... ..................... ... ............ ...... of <br />[Type of Recording Jurisdiction] <br />. HAl,4 ......................................................................................: <br />[Name of Recording Jurisdiction] <br />LOT ONE (1), KAY'S SUBDIVISION, HALL COUNTY NEBRASKA <br />which currently has the address of ............................................ 324 E GILTNER ROAD <br />........................................................... <br />[street] <br />........................... DOIVIPI Nebraska ...................6�.$32.................... ���Property Address"): <br />[City] [2ip Code] <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, <br />and fixtures now or hereafter a part of the property. All replacements and additions sha11 also be covered by this Security <br />Instrument. All of the foregoing is refened to in this Security Instrument as the "Property." <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant <br />and convey the Property and that the Property is unencumbered, except for encumbrances of record. Bonower wanants and <br />will defend generally the title to the Property against a11 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 <br />variations by jurisdiction to constitute a uniform security instniment covering real property. <br />UNIFORM COVENANTS. Bonower and Lender covenant and agree as follows: <br />1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Bonower shall pay <br />when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late chazges due <br />under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this <br />Security Instrument shall be made in U. S. curtency. However, if any check or other instrument received by Lender as payment <br />under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent <br />payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by <br />Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such <br />check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic <br />Funds Transfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or at such other location <br />as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or <br />partial payment if the payment or partial payments are insufficient to bring the Loan cunent. Lender may accept any payment <br />or partial payment insufficient to bring the Loan cunent, without waiver of any rights hereunder or prejudice to its nghts to <br />refuse such payment or partial payments in the future, but I,ender is not obligated to apply such payments at the time such <br />payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on <br />unapplied funds. Lender may hold such unapplied funds until Bonower makes payment to bring the Loan current. If Borrower <br />does not do so within a reasonable period of time, Lender shall either apply such funds or retum them to Bonower. If not <br />applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. <br />No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making <br />payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security <br />Instrument. <br />2. Appl�cation of Payments or Pr�eeds. Except as otherwise described in this Section 2, all payments accepted and <br />applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under <br />the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it <br />became due. Any remaining amounts shall he applied first to late charges, second to any other amounts due under this Security <br />Instrument, and then to reduce the principal balance of the Note, <br />If Lender receives a payment from Bonower for a delinquent Periodic Payment which includes a sufficient amount to <br />pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic <br />Payment is outstanding, I,ender may apply any payment received from Bonower to the repayment of the Periodic Payments if, <br />and to the extent that, each payment can be paid in full. To the extent that any excess eusts after the payment is applied to the <br />full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments <br />shall be applied first to any prepayment charges and then as described in the Note. <br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note sha11 not <br />eartend or postpone the due date, or change the amount, of the Periodic Payments. <br />3. Fttnds for Escrow Items. Bonower shall pay to Lender on the day Periodic Payments are due under the Note, until <br />the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other <br />items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments <br />or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) <br />Mortgage Insurance premiums, if any, or any sums payable by Bonower to Lender in lieu of the payment of Mortgage <br />Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or <br />at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, <br />be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Bonower shall promptly fumish to <br />Lender all notices of amounts to be paid under this Section. Bonower shall pay Lender the Funds for Escrow Items unless <br />Lender waives Bonower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Bonower's obligation <br />to �ay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such <br />wa.iver, Borrower shall pay duectly, when and where payable, the amounts due for any Escrow Items for which payment of <br />Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within <br />such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all <br />purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and <br />agreement" is used in Section 9. If Bonower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower <br />NEBRASKA—Single Family—Fennie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />9anRers Syatama, Inc., St. Gloud, MN Form MD-1•NE 8/17/2000 (pAge 2 af 7 pages) <br />