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201109257 <br />This Security Instrument secures to Lender: (i) the repayment of the Loan, end all renewals, extensions and <br />modifications of the Note; and (ii) the performance of Borrower's covenents and egreements under this Security <br />Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of <br />sale, the following described property located in the County of Hall: <br />Real Property tax identification number is 400425262. <br />Lot Four (41 and Out Lot A, Bellamy's First Subdivision, Hall county, Nebraska <br />which currently has the address of 5926 W Bellavista, Ceiro, Nebraska 68824-2739 ("Property Address"): <br />TOGETHER WITH all the improvements now or hereafter erected on the property, and ell easements, <br />appurtenances, and fixtures now or hereafter a part of the property. All replacements and edditions shall also be <br />covered by this Security Instrument. All of the foregoing i§ referred to in this Security Inetrument as the "Property:" � <br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to <br />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 eny <br />encumbrances of record. <br />THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with <br />limited variations by jurisdiction to constitute a uniform security instrumant covering real property. <br />UNIFORM COVENANTS. Borrower and Lender covenant and agrea as follows: <br />7. Peyment of Principal, Interest, Escrow items, Prepayment Charges, and Late Charges. Borrower ahall pay <br />when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges end late <br />charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due <br />under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument <br />received by Lender as peyment under the Note or this Security Instrument is returned to Lender unpaid, Lender may <br />require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of <br />the following forms, as selected by Lender: la) 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 federal <br />agency, instrumentality, or entity; or (d) Electranic Funds Trensfer. <br />Payments are deemed received by Lender when received at the location designated in the Note or et such other <br />location es may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return <br />any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender <br />may accept any payment or partial payment insufficient to bring the Loan current, without waiver 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 applied as of its <br />scheduled due date, then Lender need not pey interest on unapplied funds. Lender may hold such unapplied funds until <br />Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of tlme, <br />Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the <br />outstanding principai balance under the Note immediately prior to foreciosure. No offset or claim which Borrower might <br />have now or in the future against Lender shall relieve Borrawer 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 Payments or Proceeds.. Except as otherwise described i� this Section 2,_all payments acgepted <br />and eppfied liy Lender shall be epplied in�the following order of priority: (e) interest due under the Note; (b) p�incipel 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 becama due. Any remeining amounts shall be applied first to late cherges, second to any other <br />amounts due under this Security Instrument, and then to reduce the principal belance of the Note. <br />If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount <br />to pay eny late charge due, the payment mey be epplied to the delinquent payment and the late charge. If more than <br />one Periodic Payment is outstending, Lender may apply any payment receivad from Borrower to the repayment of the <br />Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists <br />after the payment is applied to the full peyment of one or more Periodic Payments, such excess mey be applied to any <br />late charges due. Voluntery prepayments shall be applied first to any prepayment cherges and then as described in the <br />Note. <br />Any epplication of payments, insurance proceeds, or Miscellaneous Proceeds to principel due 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 shell pey to Lender on the day Periodic Payments are due under the Note, <br />untif the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and�assessm'ents <br />and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) <br />leasehold payments or ground rents on the Property, if any; (c) premiums for any end 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 ere called <br />"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community <br />Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments <br />shall be en Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. <br />Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for <br />any or all Escrow Items. Lender may waive Borrower'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, when end <br />where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if <br />Lender requires, shell furnish to Lender receipts evidencing such payment within such time period as Lender may <br />require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a <br />covenant and egreement contained in this Security Instrument, as the phrese "covenant and egreement" is used in <br />Section 9. If Borrower is obligated to pey 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 under Section 5 and pay such amount and Borrower <br />shall then be obligated under Section 9 to repay to Lender any such amount. Lender mey revoke the weiver es to eny <br />or all Escrow Items at eny time by a notice given in accordance with Saction 16 and, upon such revocation, Borrower <br />shell 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 Lender to apply the Funds at <br />the time specified under RESPA, �nd (b) not to exceed the maximum amount a lender can require under RESPA. Lender <br />shall estimate tha amount of Funds due on the basis of current deta and reasonable estimetes of expenditures of future <br />Escrow Items or otherwise in eccordance 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 Federel Home Loen Bank. Lender <br />shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge <br />Borrower for holding and applying the Funds, ennually enalyzing the escrow eccount, or verifying the Escrow Items, <br />unless Lender peys Borrower interest on the Funds and Applicable Law permits Lender to make such e cherge. Unless <br />an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMEIIIT Form 3028 1/01 <br />Page 2 of 7 <br />C "� <br />� <br />