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� 1 rf <br />Barrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in <br />Hall County, Nebraska: <br />Lot Four (4), Block One• (1), in Yates Subdivision of part of Lot Eleven (11), County <br />Subdivision in S�ction Five (5), To�,znship Nine (9) North, Range Nine (9) West of the <br />6th P.M., in the Village of Doniphan, Hall County, Nebraska, according to the recorded <br />plat thereof. <br />which has khe address of 307 N 2nd St Doniphan, NE 68832 [street, ciry), <br />Nebraska ("Property Address"); <br />[75p code] <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and <br />f9xtwes now or hereafter a part of the property. All replacements and additions shaJl also be covered by this Security <br />Insiivment. All of the foregoing is referred to in this Security Instrument as.the "Property." <br />BORROWER COVENANTS that Borr�wer is Iawfully seized of the estate hereby conveyed and has the right to mortgage, <br />grant and convey the Property and that the Property is unencumbered, except for encumbrances of re�ord. Barrower warrants <br />and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. <br />THIS 5ECURITY INSTRI7MENT' combines uniform covenants for national use and non-uniform covenants with limited <br />variations by jurisdiction to constitute a uniform security instrument covering real properly. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal, Ittterest and Late Charge. Borrower shall pay when due the prindpal of, and interest on, the <br />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 monthIy payment, <br />together with the principal and interest as set forth in the Note and any late charges, a sum of. (a) taxes and special assessments <br />levied or to be levied against the Properly, (b� leasehold payments or ground renis on the Property, and (c) premiums for <br />insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary <br />of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been reqwired if Lender <br />still held the Securily Instr�ument, each monthly payment shall aLso include either: (i) a sum for the annual mortgage insurance <br />premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this <br />Security Instrument is held by the Secretary, �in a reasonable amount to be determined hy the Secretary. Except for the monthly <br />charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender aze 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 <br />amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 <br />U.S.C. section 2601 et seq. and implementing regulaaons, 24 CFR Part 3500, as they may be amended from time to time <br />("RESPA"), except that the cushion or reserve permitted by RFSPA for unanticipated disbursements or disbursements before <br />the Borrower's payments are available in the account may not be based on amounts due for the mortgage insuiance premium. <br />If the amounis held by Lender for Fscrow Items eacceed the amounts permitted to be held by RESPA, Lender shaIl account <br />to Borrower for the excess funds as required by RESPA. If the amounts of funds heid by Lender at any time are not sufficient to <br />pay the Escrow Items when due; Lender may notify tlne Borrower and require Borrower to make up the shortage as permitted by <br />RFSPA. <br />'The Escrow Funds are pledged as additfonal security for all sums secured by this Security Ins�ent. If Borrower tenders <br />to Lender the full payment of all such swms, Borrower's account shall be credited with the balance remaining for all installment <br />items (a), (b) and (c) and any mortgage insurance premium installment that Lender has not become ohligated to pay to the <br />Secretary, and Lender shall promptly refund any eatcess funds to Borrower. Immediately prior to a foreclosure sale of the <br />Property or its acqwtsition by Lender, Borrower's account shall be credited with any balance remaining f�r all installments for <br />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 prennium to be paid by Lender to the Secretary or to the monthly charge by the Secretary <br />instead of the monthly mortgage insurance premium; <br />Second. to awy taxes, spedal assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance <br />premiums, as required; <br />Third, to interest due under the Note; <br />Fourth, to amortization of the principal of the Note; and <br />Fifth, to late charges due under the Note. <br />GCC -1590-2NE (08/97) Page 2 of 7 iniUals: '"�� <br />