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�01106641
<br />modifications of the Note; and (ii) the performance of Borrower's covenants and ,agreements under this Security
<br />Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with powar of
<br />sale, the following described property located in the County of HALL•
<br />Real Property tax identification number is 400017660.
<br />Lot One Hundred Seventy Nine (1791, in Belmont Addition to the City of Grand Island, Hail County, Nebraska
<br />which currently has the address of 412 Waldo Ave, Grand Island, Nebraska 68803-4554 ("Property Address"):
<br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
<br />appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also ba
<br />covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
<br />BORROWER COVENANTS that Borrower is Iawfully seised of the estate hereby conveyed and has the right to
<br />grant and convey the Property and that the Property is unenc,umbered, except for encumbrances of record. Borrower
<br />warrants and will defand generally the title to the Proparty ageinst all claims and demands, subjact to any
<br />encumbrances of record.
<br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
<br />Iimited variations by jurisdiction to constitute a uniform security instrument covering real property.
<br />UNIFORM COVENANTS. Borrower and Lendar covenant and agree as follows:
<br />7. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shell pay
<br />when due the principal of, and interest on, the debt evidanced by the Note end any prepayment charges end late
<br />charges due under the Nate. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
<br />under the Note and this Security Instrumant shall be made in U.S. currency. However, if any check or other instrument
<br />received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender mey
<br />require that any or all subsequent payments dua under the Note and this Security Instrument be made in one or mote of.
<br />the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check
<br />or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by e federsl.
<br />agency, instrurrrentality, or entity; or (d) Ele¢tronic Funds Transfer. , ,
<br />Payments are deemed recaivad by Lender when received at the location designated in the Note or at such other�.,
<br />location as may be designated by Lander in accordance with the ,notice provisions in Section 15. Lender may cetum:,
<br />any payment or partial payment i#'the payment or partial payments are insufficient to bring the Loan current, �Lqnder :.
<br />may accept any paymenfi or partial payment insufficient to bring the Loan current, without waivec of any� rights
<br />hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated
<br />to apply such payments at the time such payments are accepted. If each Periodic Payment is epplied as of its
<br />scheduled due date, then Lender need not pay interast on unappliad funds. Lender may hold such unapplied funds until
<br />Borrower makes payment to bring the Loen current. If Borrower does not do so within a reasonable period of time,
<br />Lender shall aither apply such funds or return them to Borrower. If not applied earliar, such funds will be applied to the
<br />outstanding principal balance under the Note immediately prior to foreclosure. No offset or cleim which Borrower might
<br />have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this
<br />Security Instrument or performing the covenants and agreements secured by this Security Instrument.
<br />2. Application of Peyments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
<br />and applied by Lender shail be applied in the following order of priority: (a) interest due under the Note; (b) principal due
<br />under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the
<br />order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other
<br />amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
<br />If Lendar receivas a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
<br />to pay any lata charga due, the payment may be applied to the delinquent payment and the late charge. If more then
<br />one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the rapayment of the
<br />Periodic Payments if, and to the extent that, each payment can ba paid in full. To the extent that any excess exists
<br />after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any
<br />late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the
<br />Note.
<br />Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principai dua under the Note shall
<br />not extend or postpone the due date, or change the amount, of the Periodic Payments.
<br />3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the�Note,
<br />until the Note is paid in full, a sum (the "Funds") to provide for payment of amountsdue foG: (a) taxes and assessraients •
<br />and other items which can attain priority over this Security Instrument as a lien or encum6rance on the Property; (b).
<br />leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender:
<br />under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the
<br />payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called
<br />"Escrow Items." At origination or aT any time during the term of the Loan, Lender may require ihat Community�
<br />Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments
<br />shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to ba paid under this Saction.
<br />Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for
<br />any or alI Escrow Items. Lender may waive Borrowar's obligation to pay to Lender Funds for any or all Escrow Items at
<br />any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, wrhen and
<br />whare payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if
<br />Lender requires, shall furnish to Lender receipts evidencing such payment within such time period es Lender may
<br />require. Borrowar's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a
<br />covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in
<br />Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the
<br />amount due for an Escrow Item, Lender may exercise its rights undar Section 9 and pay such amount and Borrower
<br />shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke tha waiver as to any
<br />or aIl Escrow Items at any time by a notice given in accordance with SecHon 15 and, upon sueh revscetion, Borrower
<br />shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
<br />Lender may, at any time, collect and hold Funds in an amount {a) sufficient to permit Lander to apply the Funds at
<br />the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lander
<br />shall estimate the amount af Funds due on the basis of current data and reasonable estimates of expenditures of future
<br />Escrow Items or otherwise in accordance with Applicable Law.
<br />The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
<br />(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender
<br />shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall nbt charge
<br />Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items,
<br />unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to maka such a charge. Unless
<br />an agreement is made in writing or Applicable Law raquires interest to be paid on the Funds, Lender shall not be
<br />required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agrae in writing, however,
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM IIVSTRUMENT Form 3028 1/01 .
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